FOR IMMEDIATE RELEASE
November 1, 2024
WASHINGTON — The U.S. Supreme Court has declined to stay a Pennsylvania Supreme Court ruling that allows voters whose mail ballots have been rejected because of a paperwork mistake to vote a provisional ballot on Election Day and have that provisional ballot counted.
The ruling requires Pennsylvania counties to allow voters with disqualifying errors on their mail ballot return packets to vote a provisional ballot at the polls and have those ballots counted, based on Pennsylvania law, which says that counties “shall count” voters’ provisional ballots in those circumstances. In doing so, the court properly declined to change state election law as set forth by the state courts.
The Republican National Committee and Republican Party of Pennsylvania unsuccessfully sought the emergency stay in the case brought by the Public Interest Law Center, American Civil Liberties Union, ACLU of Pennsylvania, and Dechert LLP on behalf of Pennsylvania voters.
The following is reaction to today’s Supreme Court ruling:
Ari Savitzky, senior staff attorney at the ACLU’s Voting Rights Project, said, “This is a win for democracy and the rule of law. The court rightly rejected this eleventh-hour attempt to discount the votes of Pennsylvanians and interfere in the state’s electoral process. The bottom line is that voters deserve to have their voices heard.”
Witold Walczak, legal director of the ACLU of Pennsylvania, said, “A petty error that is irrelevant to a person’s eligibility to vote should never interfere with the counting of ballots, and provisional ballots are a decades-old failsafe, a back up, for voters. We’re grateful that the RNC’s argument has failed and that voters can count on provisional ballots as a way to make sure that their vote counts.”
Ben Geffen, senior attorney with the Public Interest Law Center, said, “The U.S. Supreme Court’s denial of the stay supports the Pennsylvania Supreme Court’s decision that all qualified voters deserve a chance to vote, even if they have made a technical error on their mail ballot. This is a step toward a more inclusive election process that respects the rights of all Pennsylvanians.”
October 30, 2024
Harrisburg, Pa. — The Pennsylvania Commonwealth Court today ruled that disqualifying a timely vote due to a missing or incorrect handwritten date on the mail ballot return envelope is unconstitutional.
In the case, the ACLU of Pennsylvania, national ACLU, and Public Interest Law Center argued on behalf of two voters that they, and dozens of other eligible registered voters, were unconstitutionally disenfranchised due to inconsequential errors on the date line of their mail ballot envelopes in the September 17 special elections for two Pa. House seats.
The ballots of those voters had been submitted and received on time, but still not counted, in what the groups argued was a violation of the free and equal elections clause of the Pennsylvania Constitution.
The Pennsylvania Commonwealth Court agreed, in an appeal brought by the Philadelphia Board of Elections, the Republican National Committee, and the Pennsylvania Republican Party. The RNC and the state GOP joined the case as intervenors.
“Pennsylvania voters cannot be disenfranchised for trivial reasons,” said Stephen Loney, senior supervising attorney of the ACLU of Pennsylvania. “The dates written on return envelopes are completely meaningless, and everyone agrees that these ballots are from eligible voters and were timely received. Disqualifying voters for minor errors is a violation of the state constitution, which errs on the side of the voter.”
“This decision upholds the fundamental right to vote of Pennsylvanians,” said Ari Savitzky, senior staff attorney with the ACLU’s Voting Rights Project. “Refusing to count someone’s vote because of a meaningless paperwork mistake is contrary to common sense and basic American values.”
Since the start of mail voting for all eligible voters in Pennsylvania in 2020, thousands of Pennsylvanians in every election have had their timely received ballots disqualified due to a missing or incorrect handwritten date. In the 2024 general election, that number could be in the tens of thousands.
“We applaud the Commonwealth Court for its ruling recognizing the rights of voters, and we hope that every county will abide by this ruling in its processing of mail ballots next month,” said Mimi McKenzie, legal director of the Public Interest Law Center. “Because today’s decision may not be the last word on this issue, we still advise voters to date their return envelope, take any opportunity they have to cure mistakes, or vote provisionally on election day if they made a mistake on the envelope date.”
Court Documents:
FOR IMMEDIATE RELEASE
October 23, 2024
BUTLER COUNTY, Pa. – Today, the Supreme Court of Pennsylvania upheld a decision by the Commonwealth Court that will require counties to count provisional ballots from voters who have made errors that prevent the counting of their mail ballots.
The case stemmed from the 2024 primary election when two Butler County voters who had become aware of their mail-ballot errors submitted provisional ballots at their polling places, only to have the county board of elections refuse to count them.
In September, the Commonwealth Court ruled that the county had no legal basis for disqualifying the provisional ballots and ordered that the ballots be counted. Today’s decision by the state Supreme Court affirms that decision in Butler County and sets a precedent that will apply across Pennsylvania.
“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.”
“Our electoral systems must be designed to ensure that all eligible voters are permitted to cast a ballot and have their ballot counted,” said Richard Ting, senior staff attorney at the ACLU of Pennsylvania. “For two decades, provisional ballots have provided a failsafe so that eligible voters are not disenfranchised for technical errors or unforeseen circumstances at their polling place. The state Supreme Court’s ruling today means that every eligible voter across the commonwealth can have confidence that, if they make a mistake with their mail ballot return packet, they’ll have the chance to submit a provisional ballot that will be counted in this critical election.”
The lawsuit was brought by the American Civil Liberties Union of Pennsylvania, the Public Interest Law Center and Dechert LLP.
Washington, Pa. – On Friday afternoon, the Washington County Court of Common Pleas ruled that the Pennsylvania Constitution requires the county board of elections to inform mail-in voters of any disqualifying errors on their mail-ballot packets when those errors are detected by the board. The court found that the constitution requires the board to provide that notice before the voter irretrievably loses the right to vote.
The ruling stems from a lawsuit challenging the county’s policy of not informing voters of errors with their mail-ballot packets. The case was brought by seven voters, the Center for Coalfield Justice, and the Washington Branch NAACP, represented by Public Interest Law Center, American Civil Liberties Union of Pennsylvania, and the law firm Dechert LLP.
“Washington County’s policy of concealing minor but disqualifying errors on mail-ballot return envelopes needlessly disenfranchised 259 Washington County voters,” said Witold Walczak, legal director of the ACLU of Pennsylvania. “The court was right to rule that constitutional due process requires governments to notify people before taking away their fundamental rights, like voting, so they can contest the decision.”
“This ruling marks a significant step in safeguarding the voting rights of Washington County residents,” said Sarah Martik, executive director of the Center for Coalfield Justice. “It should be a no-brainer that voters are notified if they make a mistake on their mail-in ballot packet and have the option to cast a provisional ballot. This decision helps to ensure that every voter understands their rights and has the opportunity to correct any errors. We appreciate the support from our partners at the ACLU of Pennsylvania, Public Interest Law Center, and NAACP, as well as the individuals who stood with us to protect our democracy. We will continue to oppose any measures that aim to disenfranchise members of our community.”
In the 2024 primary election, the county changed its policy by directing election workers to conceal from voters technical errors on their ballot-return envelopes, such as a missing or incorrect date or a missing signature that will disqualify their vote. Even voters who called the elections office to ask if their ballot would be counted were refused an answer. If voters did not know they made a mistake, there was no chance they could take any action to preserve their right to vote, such as voting a provisional ballot on Election Day. The new policy resulted in disqualification in the April primary election of 259 mail ballots, a higher mail-ballot rejection rate than most other counties.
“It’s a great day for voters in Washington County,” said David Gatling, Sr., president of the Washington Branch NAACP. “The Washington Branch NAACP is pleased with the judge’s decision. Our vote is precious, powerful, and fundamental, and we will not tolerate any elected official who tries to disenfranchise or suppress votes in Washington County. There is a long history of tactics used to violate people’s voting rights. It is wrong to deny any American the right to vote.
“The Branch would like to thank a great team of attorneys and the Center for Coalfield Justice for standing with the voters of Washington County.”
“This decision is a win for fairness and transparency in our elections in Pennsylvania and ensures Washington County voters will have an opportunity to exercise their fundamental right to vote in November,” said Mimi McKenzie, legal director of the Public Interest Law Center. “Boards of elections should be helping voters to ensure their ballots count, not playing gotcha to secretly disenfranchise their own citizens.”
The court ordered Washington County to, at minimum, enter accurate codes in a statewide voter database upon receiving a mail ballot with disqualifying errors, which triggers an email alert to voters, allows voters to check ballot status on a state website, and permits political parties and get-out-the vote groups to contact people and alert them that their mail ballots will not be counted.
The court also ordered that Washington County’s poll books on Election Day must indicate if a voter’s mail ballot has been segregated for a disqualifying error and allow that person to cast a provisional ballot.
“I was elated when I heard about Judge Neuman’s decision in this case supporting mail-in voters,” said Bruce Jacobs, one of the voters in the case. “I remain disappointed in the elected officials’ lack of ethics when they voted not to allow curing for minor errors on mail-in ballots. This tragedy comes at a financial cost to the taxpayers and an integrity cost to our American principles.”
More information here: https://pubintlaw.org/cases-and-projects/we-sent-a-letter-to-washington-county-urging-them-to-notify-voters-of-mail-in-ballot-clerical-mistakes/
August 30, 2024
HARRISBURG, Pa. — A panel of the Pennsylvania Commonwealth Court today ruled in favor of the Black Political Empowerment Project and other nonpartisan community organizations in their case seeking to end the disqualification of mail-in ballots with trivial errors on the external envelopes.
The groups, represented by the ACLU of Pennsylvania, American Civil Liberties Union, Public Interest Law Center, and the law firm Arnold & Porter Kaye Scholer LLP, argued that disqualifying the ballots violated voters’ fundamental right to vote in free and equal elections as protected by the Pennsylvania Constitution.
The following can be attributed to Brent Landau, executive director of the Public Interest Law Center:
“This decision has strengthened the right to vote in Pennsylvania. Mail ballots will no longer be rejected because of a meaningless requirement to fill out a date that isn’t used for anything. As the birthplace of modern democracy, Pennsylvania has a long tradition of free and equal elections, and today’s decision adds to that legacy.”
ACLU of Pennsylvania Executive Director Mike Lee made the following statement:
“Today’s decision is a win for voters and democracy. No one should lose their vote over a simple human error that has no relevance to whether or not the ballot was received on time. This decision preserves the votes of thousands of voters who make this mistake in every election, without undemocratic, punitive enforcement by the counties.”
Ari Savitzky, senior staff attorney with the ACLU’s Voting Rights Project, had this reaction:
“This ruling is a huge victory for Pennsylvania voters and for common sense. No one should lose their fundamental right to vote because of a meaningless paperwork mistake.”
A statewide coalition of 10 nonpartisan community organizations sued Pennsylvania Secretary of State Al Schmidt and election officials in Philadelphia and Allegheny County in state court, demanding an end to the disqualification of mail-in ballots for inconsequential date errors on the declaration envelope.
The petitioners argued that this practice violates the fundamental right to vote in free and equal elections guaranteed by the Pennsylvania Constitution.
Click here for a copy of today’s filing
September 5, 2024
HARRISBURG, Pa. – A three-judge panel of the Pennsylvania Commonwealth Court ruled today that Butler County had no legal basis to disqualify the provisional ballots of two mail voters who forgot to include the secrecy envelope with their ballot return packets in the 2024 primary election. In a 2-1 decision, the court ordered the county to count the provisional ballots of Faith Genser and Frank Matis, the two county voters who brought a lawsuit against the Butler County board of elections after the board refused to count their provisional ballots.
Genser and Matis are represented by the Public Interest Law Center and the American Civil Liberties Union of Pennsylvania, which responded to today’s ruling in a statement. The following can be attributed to Ben Geffen, senior attorney at the Public Interest Law Center:
“Today’s decision ensures that if you make a paperwork mistake that will keep your mail-in ballot from counting, you can fix the problem by going to your polling place on Election Day and filling out a provisional ballot. This is an important safety net that protects the right to vote for Pennsylvania citizens.”
The following can be attributed to Marian Schneider, senior policy counsel for voting rights at the ACLU of Pennsylvania:
“Provisional ballots were implemented more than 20 years ago for this very reason, to be sure that voters who want to participate in elections had their votes counted without human error getting in the way. This decision provides statewide clarity about this voting-rights issue, setting a precedent for all Pennsylvania counties. We’re going to keep working to be sure that voters’ ballots are counted without unnecessary barriers leading to them being disqualified.”
September 13, 2024
Harrisburg, Pa. — The Pennsylvania Supreme Court today vacated a ruling in favor of the Black Political Empowerment Project and other nonpartisan community organizations in their case seeking to end the disqualification of mail in ballots based on a common trivial error on the external envelopes.
The groups, represented by the ACLU of Pennsylvania, ACLU Voting Rights Project, Public Interest Law Center, and the law firm Arnold & Porter Kaye Scholer LLP, argued that to disqualify ballots with a missing or incorrect handwritten date on the envelope violated citizens’ fundamental right to vote guaranteed by the Pennsylvania Constitution.
The Supreme Court of Pennsylvania held that the lower court that issued the pro-voter ruling lacked jurisdiction, leaving open the possibility of further action in the state courts.
ACLU of Pa. Senior Supervising Attorney Steve Loney made the following statement:
“Today’s procedural ruling is a setback for Pennsylvania voters, but we will keep fighting for them. These eligible voters who got their ballots in on time should have their votes counted and voices heard. The fundamental right to vote is among the most precious rights we enjoy as Pennsylvanians, and it should take more than a trivial paperwork error to take it away.”
The following can be attributed to Mimi McKenzie, legal director of the Public Interest Law Center:
“Thousands of voters are at risk of having their ballots rejected in November for making a meaningless mistake. We will keep fighting to keep that from happening. In the meantime, it’s more important than ever for every voter to carefully read and follow the instructions for submitting a mail-in ballot to reduce the number of ballots being rejected for trivial paperwork errors.”
ACLU Voting Rights Project Senior Staff Attorney Ari Savitzky made the following statement:
“This procedural ruling is a deeply unfortunate and unnecessary setback for voters, whose fundamental right to vote is at stake. It is time to end once and for all the practice of disenfranchising thousands of eligible voters based on a totally meaningless paperwork mistake. We will not stop fighting to make sure that all votes are counted.”
A statewide coalition of ten nonpartisan community organizations sued Pennsylvania Secretary of State Al Schmidt and election officials in Philadelphia and Allegheny County in state court, demanding an end to the disqualification of mail-in ballots for inconsequential date errors on the declaration envelope. The petitioners argued that this practice violates the fundamental right to vote in free and equal elections guaranteed by the Pennsylvania Constitution.
September 24, 2024
HARRISBURG, Pa. – A three-judge panel of Pennsylvania’s Commonwealth Court today upheld a county court decision requiring Washington County to inform voters of errors with their mail ballots. The ruling stems from a lawsuit against a board of elections policy not to notify voters of disqualifying errors and, thus, preventing them from having the opportunity to cast a provisional ballot to have their vote counted. That policy led to the disqualification of 259 ballots in the 2024 primary election, without the voters’ knowledge.
Writing for the 2-1 majority, Judge Michael Wojcik said “the current Policy emasculates the Election Code’s guarantees by depriving voters…the opportunity to contest their Disqualification or to avail themselves of the statutory failsafe of casting a provisional ballot.”
The lawsuit was brought by seven voters, Center for Coalfield Justice, and Washington Branch NAACP, represented by the American Civil Liberties Union of Pennsylvania, Public Interest Law Center, and the law firm Dechert LLP.
The following can be attributed to Witold Walczak, legal director of the ACLU of Pennsylvania:
“Washington County election officials needlessly concealed information from voters, knowing that their ballots wouldn’t be counted. We’re grateful that the court saw the important constitutional principle that government agencies cannot withdraw or cancel fundamental rights, especially something as important as voting, without telling people beforehand and sided with the voters.”
The following can be attributed to Claudia De Palma, senior attorney at the Public Interest Law Center:
“Voters in Washington County can be assured that, if they make a mistake with their mail ballot, they’ll be notified and have a chance to rescue their vote. That’s a win for voters.”
The following can be attributed to David Gatling, Sr., president of the Washington Branch NAACP:
“Our NAACP branch is in this work to support voters, so it is gratifying that this court has upheld the rights of voters. Everyone who wants to participate in an election should have that opportunity. And election officials should do their best to assist their constituents to make sure their votes count.”
The following can be attributed to Sarah Martik, executive director of Center for Coalfield Justice:
“This decision upholds the integrity of our electoral system, ensuring that voters who choose to vote by mail are given the same protections as those voting in person. The law was always meant to expand the right to vote, not restrict it, and today the court has confirmed that politically-motivated attempts to silence voters won’t stand. When your vote is your voice, there’s always someone who would rather not hear it. But today, the Commonwealth Court has made it clear that Pennsylvanians will not be silenced.”
