PA Supreme Court Upholds Ruling That Butler County Must Count Provisional Ballots

BUTLER COUNTY, Pa. – Today, the Supreme Court of Pennsylvania upheld a decision by the Commonwealth Court that will require counties to count provisional ballots from voters who have made errors that prevent the counting of their mail ballots.

The case stemmed from the 2024 primary election when two Butler County voters who had become aware of their mail-ballot envelope errors submitted provisional ballots at their polling places, only to have the county board of elections refuse to count them.

In September, the Commonwealth Court ruled that the county had no legal basis for disqualifying the provisional ballots and ordered that the ballots be counted. Today’s decision by the state Supreme Court affirms that decision in Butler County and sets a precedent that will apply across Pennsylvania.

“Today’s decision affirms that if you make a paperwork mistake that will keep your mail ballot from counting, you have the right to vote by provisional ballot at your polling place on Election Day,” said Ben Geffen, senior attorney at the Public Interest Law Center. “This reinforces the right to vote in Pennsylvania.”

“Our electoral systems must be designed to ensure that all eligible voters are permitted to cast a ballot and have their ballot counted,” said Richard Ting, senior staff attorney at the ACLU of Pennsylvania. “For two decades, provisional ballots have provided a failsafe so that eligible voters are not disenfranchised for technical errors or unforeseen circumstances at their polling place. The state Supreme Court’s ruling today means that every eligible voter across the commonwealth can have confidence that, if they make a mistake with their mail ballot return packet, they’ll have the chance to submit a provisional ballot that will be counted in this critical election.”

The lawsuit was brought by the American Civil Liberties Union of Pennsylvania, the Public Interest Law Center and Dechert LLP. You can read the full legal filing at aclupa.org/Genser.

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