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/
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.”
