The ACLU of Pennsylvania and the Public Interest Law Center have filed a lawsuit in Delaware County over the county's disqualification of six provisional ballots during the May 16, 2023 primary election. Each of the voters whose ballots were thrown out had submitted mail-in ballots that were deemed defective by county election officials. Delaware County implemented an unusal process to "cure" defective mail-in ballots that is found nowhere in Pennsylvania law. When the six voters failed to cure their mail-in ballots, those ballots were rejected. On Election Day, the voters cast a provisional ballot. Those provisional ballots were also rejected by county election officials. 


Marian Schneider, Stephen Loney, and Kate Steiker-Ginzberg of the ACLU of Pennsylvania; Mary McKenzie and Benjamin Geffen of the Public Interest Law Center.

Date filed

June 9, 2023


Court of Common Pleas of Delaware County