In a crucial decision for the upcoming presidential election in Pennsylvania, a court ruled that voters can use provisional ballots if their mail-in ballots are rejected due to minor errors. This ruling could lead to hundreds or thousands more votes being included in the November election, where Pennsylvania is expected to have a significant impact on selecting the next president.
The state Commonwealth Court panel determined that voters in Butler County could have their provisional ballots counted, even if there is ambiguity in state law. Provisional ballots are typically used when election workers need more time to verify a voter’s eligibility. This ruling stems from a lawsuit filed by two Butler County voters who had their mail-in ballots rejected for not using a required “secrecy” envelope.
The court ordered Butler County to count the voters’ provisional ballots, despite objections from the county and the state and national Republican parties. These parties argued that state law does not permit voters to cast provisional ballots in place of rejected mail-in ballots. They have the option to appeal to the state Supreme Court within three days.
This decision regarding the replacement of rejected mail-in ballots with provisional ballots will have implications for all counties in Pennsylvania. The lawsuit was supported by the American Civil Liberties Union of Pennsylvania, the Public Interest Law Center, the state Democratic Party, and Governor Josh Shapiro’s administration. In the 2020 presidential election, approximately 21,800 mail-in ballots were rejected in Pennsylvania out of 2.7 million cast, as reported by the state elections office.