The Pennsylvania Democratic Party is seeking a preliminary injunction against the Erie County Board of Elections over mail-in ballot problems that it says could affect up to 20,000 voters.
The problems in Erie began with an Ohio-based third-party vendor, ElectionIQ, with which the county contracts to print and mail ballots, given the number of absentee ballot requests the county received for the upcoming election. On October 18, a voter notified the Erie Board of Elections and the county voter registration office that he or she had received two absentee ballots, one containing the correct information and the other containing another voter’s name and address in the return envelope.
The cause was a software failure ElectionIQ to send duplicate ballots that went into the wrong envelopes. The county estimated that about 300 people received duplicate or incorrect ballots, according to the lawsuit, and the U.S. Postal Service was “unable to account” for another 1,800 absentee ballots that the county says were never mailed by ElectionIQ.
In its filing, the state Democratic Party says it has “been made aware by registered members of its party of numerous instances in which a voter requested an absentee ballot several weeks ago but has still not received the ballot.”
Returns on absentee ballots in Erie are below the statewide average, the lawsuit claims 21,536 out of 40,844 voters who requested absentee ballots – o 52% – will receive them by October 28. That’s a difference of 19,308 voters. Statewide, the return rate is 67%, and Erie’s return rate is among the lowest in the commonwealth, the lawsuit claims.
The party’s lawsuit seeks to force the board of elections to release the names of all voters who received incorrect or no ballots and ensure they are notified. and extending the working hours of the electoral commission until November 4, i.e. the day before election day.
The lawsuit also asks the county to allow observers to compare ballots received after Nov. 1 to confirm the voter is eligible. The lawsuit seeks to make blank “Cancel My Ballot Request” forms available in every precinct by Election Day so that if you do not receive your ballot on time, you can cancel your absentee ballot request and vote in person.
The Pennsylvania Democratic Party did not immediately respond to a request for comment Wednesday.
State Reps. Ryan Bizzarro, Bob Merski and Pat Harkins said in a joint statement that they are “committed to ensuring that all of our voters in Erie County – Democrats, Republicans and Independents – have the information they need to vote and participate in our democracy.” Our primary concern is to conduct free and fair elections and to continue to ensure that citizens’ voting rights are preserved and protected.”
The election commission could not immediately be reached for comment on Wednesday. But w statement on its websitethe board stated that “We are aware that many voters in Erie County did not receive their requested absentee ballots. The Board worked diligently with the Department of Voter Registration, the Pennsylvania Department of State and the United States Postal Service to determine the origins and scope of this matter.”
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The county has extended the hours of operation for voter registration and election departments. Anyone who applied for an absentee ballot by the Oct. 29 deadline and did not receive an absentee ballot will be able to go to the BOE office to cancel their absentee ballot and receive a novel one by 4:30 p.m. on November 4 that day. before the elections. The voter registration office will be open with extended hours until November 3.
Sam Talarico, chairman of the Erie County Democrats, said Wednesday that he had not seen the lawsuit but was receiving calls from constituents asking for instructions. “We told them they had to go to the courthouse and cancel their ballot, and then they could vote directly at the courthouse,” he said.
This applies to people who have already registered to vote and applied for an absentee ballot. The statewide deadline to request an absentee ballot was Tuesday at 5 p.m. (with a few exceptions). “And we even provided rides for some people to get to the courthouse and had some people pick up their ballots. They must sign the Appointed Agent form. So we’re doing everything we can to make sure everyone votes.”
Erie is widely seen as a key piece of Pennsylvania’s electoral puzzle and a must-win battleground state leader. Former President Donald Trump held one of his first in 2024 campaign rallies in Erie in July 2023and his running mate, U.S. Sen. J.D. Vance of Ohio, spoke last week in Erie. Trump defeated Hillary Clinton in Erie County in 2016 just over 1,900 votesa crushing loss for Democrats as the state turned red. Clinton did not make a campaign appearance in Erie during her presidential campaign.
Democrats seemed to have learned from their 2016 defeat; Joe Biden defeated Trump in Erie in the 2020 election o a margin of just over 1,400 votes, or 1.03% when Pennsylvania turned blue again.
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