In a significant ruling on Wednesday, the Pennsylvania Supreme Court decided that voters whose mail-in ballots were rejected due to mistakes—such as missing signatures, incorrect dates, or failure to use a secrecy envelope—must still be allowed to cast their vote on Election Day. The court ruled 4-3 that these voters are entitled to cast provisional ballots at their polling places, ensuring their votes are counted as long as no further disqualifying issues arise.
The decision stems from a case in Butler County, where two voters were denied the ability to vote provisionally after their mail-in ballots were rejected during the April primary for not including secrecy envelopes. The American Civil Liberties Union (ACLU) of Pennsylvania and the Public Interest Law Center took up the case, arguing that the county had misinterpreted the state’s Election Code.
Spotlight PA writes:
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.”
The ruling has statewide implications, ensuring that voters across Pennsylvania will be protected in future elections. However, dissenting opinions, including from Justice P. Kevin Brobson, argued that the state’s Election Code clearly prohibits the counting of such provisional ballots.
Pennsylvania has emerged as the tipping point state in the 2024 election. Several polls have shown former president Trump taking the lead in the Keystone State.
