Court Cases

Seven voters, the Center for Coalfield Justice, and the Washington Branch NAACP sued the Washington County Board of Elections for concealing from voters errors they had made on their mail ballot return envelopes that meant their votes would not be counted in the 2024 primary election.

ACLU-PA sued the Philadelphia Board of Elections on behalf of two registered voters whose timely mail ballots submitted in the September 17 special election for state representative were rejected because they failed to handwrite a date on the outer return envelope.

The ACLU of Pennsylvania has filed a lawsuit on behalf of Luzerne County voters and an advocacy organization, In This Together NEPA, over the county’s removal of mail ballot drop boxes just weeks ahead of the 2024 general election.

On September 25, 2024, 10 organizations filed a suit in the Pennsylvania Supreme Court, asking the court to stop enforcement of the commonwealth’s requirement that voters include a handwritten date on the return envelope of their mail ballot packets.

On September 18, 2024, the Republican National Committee filed a petition with the Pennsylvania Supreme Court asking the court to use its "King's Bench" authority to stop counties from implementing "notice-and-cure" policies. Notice-and-cure refers to the practice of counties alerting mail voters that there are errors with their mail ballot return packets that could lead to their ballots being disqualified and directing the voters on how to correct their mistakes so that they can submit a ballot that will be counted. On September 20, 2024, the plaintiffs in Genser and Matis v. Butler County Board of Elections and Center for Coalfield Justice et al. v. Washington County Board of Elections filed a motion to intervene in the case. Represented by the ACLU of Pennsylvania, ACLU Voting Rights Project, Public Interest Law Center, and the law firm Dechert LLP, the intervenors argue that the RNC's position would adversely impact their cases and, consequently, thousands of voters. On October 5, 20204, the court declined to hear the RNC's case.

On May 28, 2024, ACLU-PA filed a lawsuit challenging the constitutionality of the commonwealth’s requirement that voters who submit mail ballots include a handwritten date on the voter declaration on the outside of the return envelope.

On April 29, 2024, ACLU-PA, Public Interest Law Center, and the law firm Dechert LLP sued Butler County on behalf of two voters whose provisional ballots were rejected by the board of elections in the 2024 Pennsylvania primary election.

The ACLU of Pennsylvania has filed an amicus brief on behalf of a number of criminal legal reform and voting rights advocacy organizations in a lawsuit brought by Philadelphia District Attorney Larry Krasner that challenges Act 40. Act 40 is a state law that allows the Pennsylvania Attorney General to appoint a special prosecutor for any crime that occurs on Southeastern Pennsylvania Transportation Authority (SEPTA). If enforced, Act 40 would disenfranchise the Philadelphia voters who overwhelmingly elected and re-elected DA Krasner in landslide elections in 2017 and 2021. Act 40 would usurp the authority that those voters entrusted in DA Krasner. The amicus brief alleges a violation of DA Krasner’s rights to equal protection under the Pennsylvania Constitution and a violation of the rights of Philadelphia voters who would effectively have their vote nullified by Act 40. The amicus brief asks the court to declare Act 40 unconstitutional.

The ACLU of Pennsylvania has filed a lawsuit in the Court of Common Pleas in York, PA over the York County Board of Elections’ refusal to allow nonpartisan observers to witness the official canvass of the vote during the 2023 election cycle. The lawsuit alleges that York County’s refusal to admit public observers during its canvass procedure is a violation of the Pennsylvania Election Code, which mandates public access to the canvassing of election results. In November of 2023, a longtime York resident arrived at the county’s official canvass of election returns to observe the proceedings. An official from the county’s election office refused to allow the resident to enter the room where the official canvass meeting was taking place, incorrectly stating that the resident needed a “watcher’s certificate.” Watcher certificates are provided under Pennsylvania election law so that political parties and representatives can observe vote count canvasses. Residents unaffiliated with a party or a candidate do not need a watcher’s certificate to observe the computation of results from each district that occurs during an official canvass. ACLU-PA attorneys sent a letter to York County election officials raising concerns about their refusal to allow the volunteer to witness the canvass. The county responded that its actions were within the bounds of the law and that in refusing entry to the election canvass, it was hoping to prevent a "free for all" that "could be catastrophic." The lawsuit asks the court to mandate that York County follow the law by conducting a public canvass of election returns during the 2024 primary and general elections and to allow the plaintiff and other members of the public to observe the canvass.