Pa. appeals court rules provisional votes must be counted in 'naked ballots' case

Pennsylvania election officials must count provisional ballots cast by voters who find out or suspect that their mail-in ballots have been rejected, Commonwealth Court ruled Thursday.

The 2-1 decision, which is likely to be appealed to the state Supreme Court, reverses a ruling by a Butler County judge who ruled election officials did not have to count provisional votes cast by two voters whose “naked” mail-in ballots were rejected because they lacked secrecy envelopes inside the return envelopes.

In an opinion for the Commonwealth Court majority, Judge Matthew S. Wolf found the Butler County Board of Elections did not have a legal basis to refuse to count the voters’ provisional ballots. Judge Lori Dumas cast the dissenting vote but did not issue a separate opinion.

“Today’s decision ensures that if you make a paperwork mistake that will keep your mail-in ballot from counting, you can fix the problem by going to your polling place on Election Day and filling out a provisional ballot. This is an important safety net that protects the right to vote for Pennsylvania citizens,” said Ben Geffen, senior attorney at the Public Interest Law Center. The center, a Philadelphia nonprofit, and the American Civil Liberties Union of Pennsylvania, represented Faith Genser and Frank Matis, the voters in the case.



https://penncapital-star.com/campaigns-elections/pa-appeals-court-rules-provisional-votes-must-be-counted-in-naked-ballots-case/