A Pennsylvania election board decision regarding “curing” mail-in ballots has been upheld by a judge, delivering a victory for Republicans fighting for election integrity.
A court found that the Butler County Board of Elections was within its rights to reject provisional ballots after plaintiffs submitted mail-in ballots without an inner secrecy envelope, which is required in Pennsylvania.
“Pennsylvania requires voters who vote by mail to place their ballots in an inner secrecy envelope before putting them in an outer envelope. Ballots submitted without an inner secrecy envelope are considered naked ballots and are subsequently invalid,” Democracy Docket explained.
“Prior to Election Day, the plaintiffs submitted mail-in ballots without an inner secrecy envelope and the board of elections rejected them. In an effort to cure their ballots, both voters submitted provisional ballots on Election Day. However, the board decided not to count the voters’ provisional ballots,” the outlet added.
The @GOP and @PAGOP just secured another major election integrity victory.
After a court battle, a Pennsylvania judge affirmed that incomplete mail ballots without required “secrecy envelopes” will not be counted.
This is a big win for mail ballot safeguards. pic.twitter.com/2sIpdbTDqD
— Michael Whatley (@ChairmanWhatley) August 20, 2024
The Board of Elections was sued by the ACLU of Pennsylvania and the Public Interest Law Center on behalf of the two voters but the Butler County Court of Common Pleas ruled against them, upholding the law as it stands.
“The actions of the Board in adopting a narrow cure policy that applies in such a way as to uphold voting deadlines and ensure secrecy in voting is maintained, but that allows electors the greatest possible chance of having their vote counted, does not violate either the Election Code or the Free and Equal clause of the Pennsylvania Constitution,” wrote Judge S. Michael Yeager.
“It is the voter’s burden to ensure they have completed the steps necessary for their mail-in ballot to be included in the tabulation,” he added in the ruling last week.
The RNC and @PAGOP just secured a MAJOR WIN for mail ballot safeguards.
Protecting votes by mail is a victory for election integrity and for Pennsylvania voters! @RNCVoteProtect
— GOP (@GOP) August 20, 2024
The Butler County residents filed an appeal of the court ruling on Tuesday.
“Today’s decision is disappointing, and we and our clients are considering our options for appellate review,” said Mimi McKenzie, legal director of the Public Interest Law Center, in a statement. “The provisional ballot process has existed for more than two decades for scenarios just like this, and the county has an obligation to utilize it.”
Earlier this year, the Republican National Committee and Pennsylvania GOP filed a petition in the case.
“There can be no dispute that the unequivocal law of Pennsylvania is that secrecy envelopes are required, and any mail-in ballot received without a secrecy envelope cannot be counted,” the Republicans wrote to Judge Yeager in May.
“Knowing this, the Department of State has taken it upon itself to unilaterally reach out to voters whose mail-in ballots have been rejected due to a perceived lack of a secrecy envelope and encourage them to cure such ballots by appearing in person and voting provisionally,” they added.
“To be clear, there is no right under Pennsylvania law to cure mail-in ballots which lack a secrecy envelope and Petitioners’ attempt to create such a right where none exists should be rejected,” they stated.
“The Republican Committees have a clear and obvious interest in the issues presented in this suit and in ensuring that this issue is properly and fairly litigated to ensure that Pennsylvania law regarding a county board of elections’ right to govern how it will conduct elections is followed. … The Republican Committees also have a right to intervene in this suit for another, independent reason: they seek to uphold the Election Code under which they, their voters, their members ~, and their candidates exercise their constitutional rights to vote and to participate in elections in Pennsylvania,” they added.
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Originally from New York, Powers graduated from New York University and eventually made her way to sunny South Florida. Powers also contributes to BizPac Review.
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