On July 1, 2024, seven voters, the Center for Coalfield Justice, and the Washington Branch NAACP filed suit against the Washington County Board of Elections over the board’s decision before the 2024 primary election to conceal from voters errors they had made on their mail ballot return envelopes that meant their votes would not be counted. Because the voters were not informed of the errors, they had no opportunity to correct them by either requesting a new mail ballot or by voting a provisional ballot at their polling place.

The board’s decision led to the disqualification of 259 timely-received mail-inballots in the April 2024 primary election.

The voters, CCJ, and the NAACP branch are represented by the ACLU of Pennsylvania, Public Interest Center, and the law firm Dechert LLP. The suit argues that the board violated the voters’ due process rights under the Pennsylvania Constitution. The plaintiffs are asking the court to order the county not to conceal information about voters’ errors on their mail-in ballot return packets and in upcoming elections to enter the proper data into the SURE system, a statewide database administered by the Pennsylvania Department of State, that will allow voters to be automatically notified about disqualifying mistakes related to their mail-in ballot prior to Election Day.


Marian K. Schneider, Kate Steiker-Ginzberg, and Witold J. Walczak of the ACLU of PA; Claudia De Palma and Mimi McKenzie of Public Interest Law Center

Pro Bono Law Firm(s)

Martin J. Black, Jeffrey S. Edwards, Luke M. Reilly, Christopher J. Merken, Steven F. Oberlander of Dechert LLP

Date filed

July 1, 2024


Washington County Court of Common Pleas