In a ruling that could have statewide implications for the presidential election, election officials in a western Pennsylvania county must notify voters if their absentee ballots cannot be counted and record that information in the statewide voting system.
The Washington County Common Pleas Court has ruled that the Pennsylvania Constitution requires the county Board of Elections to notify absentee voters of any disqualifying errors on their absentee ballot packages when the errors are discovered by the board. The ruling says that the Constitution requires the board to provide such notice before the voter irrevocably loses his or her right to vote.
While this case specifically concerns Washington County and its actions, The ruling, issued during the April primary, sends a message to election officials across the state about how to handle improperly filled-out ballots. The November election is approaching.
“Washington County’s policy of concealing minor but disqualifying errors on absentee ballot return envelopes needlessly disenfranchised 259 Washington County voters,” he said. Witold Walczaklegal director of the ACLU of Pennsylvania. “The court correctly held that constitutional due process requires that governments notify people before taking away basic rights, such as voting, so they can challenge the decision.”
“This ruling is a significant step forward to protect the voting rights of Washington County residents,” he said. Sarah MartikExecutive Director of the Center for Coalfield Justice. “It should be a given that voters are notified if they make a mistake on their absentee ballot and have the option to cast a provisional ballot. This decision helps ensure that every voter understands their rights and has the opportunity to correct any mistakes. We appreciate the support of our partners at the ACLU of Pennsylvania, the Public Interest Law Center and the NAACP, as well as those who have stood with us to defend our democracy. We will continue to oppose any measures that seek to disenfranchise members of our community.”
The court ordered Washington County, upon receiving a mail-in ballot that contained disqualifying errors, to, at a minimum, enter the correct codes into the state’s voter database, which would trigger an email notification to voters, allow voters to check their voting status on the state’s website, and allow political parties and voting groups to contact voters to notify them that their mail-in ballots will not be counted.
The court also ordered that Washington County election records on Election Day indicate whether a mail-in vote was separated due to a disqualifying error and that a voter could cast a ballot using a provisional ballot.
Ahead of the 2024 primary, Washington County changed its policy on “fixing” mail-in votes, directing election workers to hide from voters technical errors on return envelopes, such as a missing or incorrect date or a missing signature, that could prevent a vote from being cast.
The change also meant that voters who called the elections office to ask if their vote would be counted would not get a response. The modern policy disqualified 259 mail-in ballots in the April primary, a higher rejection rate for mail-in ballots than most other counties.
“This is a great day for voters in Washington County,” he said. David Gatling, Sr.President of the Washington Branch NAACP. “The Washington Branch NAACP is pleased with the judge’s decision. Our voices are valuable, powerful, and fundamental, and we will not tolerate any elected official who attempts to disenfranchise or suppress voting in Washington County. There is a long history of tactics used to violate people’s voting rights. Denying Americans the right to vote is wrong.
In a statement from the Washington County Commissioner Nick ShermanThe Republican who chairs the Election Commission criticized the decision as an example of judicial overreach and lawmaking from the bench. He said the commission is considering next steps.
“This is the most egregious example of a judge issuing law from the bench that I have ever seen,” Sherman said. “In his decision, the judge contradicts himself when he says we did not violate any state law and then says he does not like the way the law was written. The Legislature has clearly stated that no ballot should be processed after it has been submitted by election morning. According to PA Election Code (1.1), the county board of elections shall meet no earlier than 7:00 a.m. on election day to pre-count all ballots received.
“This is a page out of the national Democratic Party playbook. When they disagree with state law, they arm the ACLU and find a liberal judge to rule in their favor. This is unconstitutional and un-American. This decision is disappointing, and we are currently considering our next steps.”
“This decision is a victory for the integrity and transparency of our elections in Pennsylvania and ensures that Washington County voters will have the opportunity to exercise their fundamental right to vote in November,” he said. Mimi McKenzielegal director of the Public Interest Law Center. “Election boards should be helping voters make sure their votes count, not playing bribe games to secretly disenfranchise their own citizens.”
Statewide, nearly 8,000 ballots were rejected in the April primary due to problems with the date, signature or privacy envelope.
