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/