Pennsylvania Supreme Court Considers GOP Challenge to Mail-In Ballot Curing

The Pennsylvania Supreme Court has decided to hear a challenge from the Republican National Committee (RNC) and the Republican Party of Pennsylvania. The challenge is against lower court rulings that mandate counties to inform voters about defective mail-in ballots and provide them with the opportunity to correct the errors so that their votes can be included in the count.

Details of the Case

On October 5, the Pennsylvania Supreme Court granted the appeal petition of the RNC. The court will now review whether the Commonwealth Court erred in its judgement that Washington County's policy of not informing voters about defective mail-in ballots infringed on their due process rights. The appeal will also scrutinize whether the court was right in asserting that voters who cast defective mail-in ballots should be allowed to correct their ballots or cast provisional ones on Election Day. This case has the potential to significantly influence the administration of mail-in voting in Pennsylvania, a crucial battleground state, before the 2024 general election. The crux of the case revolves around the legality of mail-in ballot curing procedures.

Changes to Washington County's Mail-In Voting Policy

The controversy stems from changes made to Washington County's mail-in voting policy in April. The county decided to enter all mail-in ballots, including those identified as defective, into the state's voter registration system as "received." This means that voters will not know their defective ballots will not be counted unless they take specific steps to check the status of their vote. This policy was contested in a lawsuit filed in July by the Center for Coalfield Justice, the Washington branch of the NAACP, and several individual voters. They argued that the policy effectively disenfranchises voters by misleading them into thinking their defective ballots will be counted, while denying them the chance to correct those ballots.

Court Rulings and Appeals

A lower court agreed with the plaintiffs, ruling that the policy violated voters' due process rights and ordered the county to notify voters and allow them to cast provisional ballots if they had submitted a defective mail-in ballot. The RNC appealed this decision to the Commonwealth Court of Pennsylvania, contending that the county's policy was in line with election law and that the lower court's ruling requiring notification and curing procedures exceeded judicial authority. However, the Commonwealth Court ruled against the RNC and upheld the lower court's decision. This led the RNC to file its appeal before the Pennsylvania Supreme Court, arguing that the lower court rulings are inconsistent with previous decisions, including a 2020 Pennsylvania Supreme Court ruling that stated voters have no constitutional or statutory right to notice or an opportunity to cure defective mail-in ballots.

Future Implications

The RNC also argued that the lower court's decision obliges Washington County clerks to inspect mail-in ballots before the official pre-canvass and notify voters of the results of those inspections, which contravenes provisions of the Pennsylvania election code. Overall, the RNC has contended across multiple filings that practices requiring notification and providing the opportunity to cure defective mail-in ballots are policy decisions that should be left to the state Legislature, not the courts. They also argue that requiring counties to adopt notification and cure procedures could potentially undermine election integrity. Both sides are expected to file briefs in the coming days. The Pennsylvania Supreme Court's ruling is anticipated to significantly shape election procedures in the state ahead of the rapidly approaching November election.

Bottom Line

This case presents a significant challenge to the administration of mail-in voting, particularly in a key battleground state like Pennsylvania. The outcome could potentially have far-reaching implications for future elections. What are your thoughts on this matter? Do you believe that voters should be notified and given the chance to correct defective mail-in ballots? Share this article with your friends and let us know your opinions. Remember, you can sign up for the Daily Briefing, which takes place every day at 6pm.