Pa. Commonwealth Court Upholds Decision Requiring Washington County to Inform Voters of Mail Ballot Errors

HARRISBURG, Pa. - A three-judge panel of Pennsylvania’s Commonwealth Court today upheld a county court decision requiring Washington County to inform voters of errors with their mail ballots. The ruling stems from a lawsuit against a board of elections policy not to notify voters of disqualifying errors and, thus, preventing them from having the opportunity to cast a provisional ballot to have their vote counted. That policy led to the disqualification of 259 ballots in the 2024 primary election, without the voters’ knowledge.

Writing for the 2-1 majority, Judge Michael Wojcik said “the current Policy emasculates the Election Code’s guarantees by depriving voters…the opportunity to contest their Disqualification or to avail themselves of the statutory failsafe of casting a provisional ballot.”

The lawsuit was brought by seven voters, Center for Coalfield Justice, and Washington Branch NAACP, represented by the American Civil Liberties Union of Pennsylvania, Public Interest Law Center, and the law firm Dechert LLP.

The following can be attributed to Witold Walczak, legal director of the ACLU of Pennsylvania:

“Washington County election officials needlessly concealed information from voters, knowing that their ballots wouldn’t be counted. We’re grateful that the court saw the important constitutional principle that government agencies cannot withdraw or cancel fundamental rights, especially something as important as voting, without telling people beforehand and sided with the voters.”

The following can be attributed to Claudia De Palma, senior attorney at the Public Interest Law Center:

“Voters in Washington County can be assured that, if they make a mistake with their mail ballot, they’ll be notified and have a chance to rescue their vote. That’s a win for voters.”

The following can be attributed to David Gatling, Sr., president of the Washington Branch NAACP:

“Our NAACP branch is in this work to support voters, so it is gratifying that this court has upheld the rights of voters. Everyone who wants to participate in an election should have that opportunity. And election officials should do their best to assist their constituents to make sure their votes count."

The following can be attributed to Sarah Martik, executive director of Center for Coalfield Justice:

“This decision upholds the integrity of our electoral system, ensuring that voters who choose to vote by mail are given the same protections as those voting in person. The law was always meant to expand the right to vote, not restrict it, and today the court has confirmed that politically-motivated attempts to silence voters won’t stand. When your vote is your voice, there’s always someone who would rather not hear it. But today, the Commonwealth Court has made it clear that Pennsylvanians will not be silenced.”

A copy of today’s ruling can be found at aclupa.org/washingtoncounty.