The Pittsburgh Tribune-Review reported last week that the Westmoreland County Commissioners will not allow ballot curing during this year’s election—despite impassioned calls from county voters. We’re going to unpack why the county’s decision is unfair to Westmoreland voters.
But first, a quick refresher on “Notice and Cure” programs: Every election cycle, thousands of voters across Pennsylvania make minor mistakes when completing their mail-in ballot packet, such as forgetting to include the secrecy envelope or forgetting to sign the outer envelope declaration. These mistakes, if left uncorrected, lead to voters’ ballots not being counted.
As a result, most counties in Pennsylvania have adopted “Notice and Cure” programs. This means that when a ballot packet arrives at the election office and has an error, the county notifies the voter of the mistake and provides a chance to “cure” (or fix) the error so the ballot can be counted. Put differently, it’s not just about helping voters cast their ballot — it’s about making an effort to ensure that those ballots can ultimately be counted.
Westmoreland is the only county in southwestern Pennsylvania that refuses to give its voters notice if they make a mistake on their mail ballot. Even if a county does not have a robust “curing” procedure, timely notice is crucial for voters. Notice allows voters to cast a provisional ballot on Election Day to make their voice heard. Last year, ACLU-PA got an injunction against Washington County: the county’s election office must now notify voters if they make a mail-ballot error so that they can cast a provisional ballot on Election Day (that case is currently on appeal to the Pennsylvania Supreme Court).
To those county commissioners who won’t allow Notice and Cure: you are doing a great disservice to your county’s voters, and you are diminishing their constitutional right to vote. As one Westmoreland voter said in the article, “It’s basic fairness: a phone call, a postcard or an email. Just one chance to fix the error so a vote can still be counted. Without that chance, you’re telling hundreds of our neighbors that their participation does not matter.”
Values are made clear through policy choices, and we see Westmoreland’s values. The Westmoreland County commissioners can and should choose to enact a Notice and Cure program to make it easier for residents to participate in their democracy. Westmoreland should ensure that votes from eligible Pennsylvanians are counted. Instead, they will once again choose not to notify voters of their mistake — until it’s too late for voters to fix it.
Mail voting is safe, secure and convenient, and improves voter accessibility by alleviating challenges for people with disabilities, single parents, and people who work long hours. Notice and Cure is a critical part of this accessibility. The ACLU of Pennsylvania tracks whether each county participates in a Notice and Cure program. Take a look at that information on our website. And if you live in Westmoreland County or any other Pennsylvania county that does not have a Notice and Cure program, contact your county commissioners and urge them to enact one before the November election!
