In a pivotal decision on Wednesday, the Pennsylvania Supreme Court ruled that voters whose mail-in ballots were rejected due to errors—including missing signatures, incorrect dates or absence of a required secrecy envelope—can still cast their vote on Election Day. The 4-3 decision ensures that these individuals are allowed to submit provisional ballots at their local polling places, provided no additional disqualifying issues arise.
The ruling originated from a case in Butler County, where two voters were denied the opportunity to vote provisionally after their mail-in ballots were rejected during the April primary for missing secrecy envelopes. The American Civil Liberties Union (ACLU) of Pennsylvania and the Public Interest Law Center represented the voters, arguing that the county had misinterpreted the state’s Election Code.
Per Spotlight PA:
Justice Christine Donohue, writing for the majority, noted that the Republican litigants argued that in order to maintain election integrity, provisional ballots should not be counted, but said the majority was “at a loss to identify what honest voting principle is violated by recognizing the validity of one ballot cast by one voter.”
“If appellants presume that the general assembly intended to disqualify the provisional ballot of a voter who failed to effectively vote by mail in order to punish that voter, we caution that such a construction is not reconcilable with the right of franchise,” she wrote.
The American Civil Liberties Union of Pennsylvania and the Public Interest Law Center, which brought the case on behalf of two voters, celebrated the ruling as a victory.
“Today’s decision affirms that if you make a paperwork mistake that will keep your mail ballot from counting, you have the right to vote by provisional ballot at your polling place on Election Day,” said Ben Geffen, senior attorney at the Public Interest Law Center. “This reinforces the right to vote in Pennsylvania.”
This decision holds broad implications for voters across Pennsylvania, offering a contentious solution for those facing similar issues in future elections. However, there was notable dissent, including from Justice P. Kevin Brobson, who contended that the state’s Election Code explicitly prohibits counting such provisional ballots.
The ruling comes as Pennsylvania takes center stage in the 2024 election. Polls suggest a highly competitive race, with the latest RealClearPolitics average showing former President Donald Trump holding a slight 0.6-point lead over Vice President Kamala Harris.
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amazing this is still popping up up on GAND on december 3rd. Sort of says we are not current news.