Pennsylvania County Violates Law by Not Alerting Voters on Ballot Rejection

 August 27, 2024

A federal judge has ruled that a Republican-controlled county in Pennsylvania broke state law by failing to inform voters of rejected mail-in ballots during the April primary election.

According to The Associated Press, this decision prevented voters in Washington County from exercising their legal right to challenge the rejection or cast a provisional ballot.

The ruling comes as part of ongoing election-related legal battles in Pennsylvania, a crucial battleground state for the upcoming presidential election between Republican Donald Trump and Democrat Kamala Harris. The case highlights the importance of transparency and voter rights in the electoral process, particularly concerning mail-in voting procedures.

Court Orders County To Notify Voters Of Rejected Ballots

Judge Brandon Neuman, who was elected as a Democrat, issued an order requiring Washington County to inform voters when their mail-in ballots are rejected due to errors such as missing signatures or dates. This notification would allow voters the opportunity to contest the decision or cast a provisional ballot as an alternative.

The lawsuit was filed by the local NAACP branch, seven voters whose ballots were rejected in the April 23 primary, and the Center for Coalfield Justice. They accused the county of violating voters' constitutional due process rights by deliberately concealing whether their ballots had been counted. David Gatling Sr., president of the NAACP branch in Washington, Pennsylvania, hailed the decision as "a great day for voters in Washington County."

Controversy Over Mail-In Ballot Processing

Nick Sherman, chairman of Washington County's commissioners, expressed disagreement with the ruling and suggested the possibility of an appeal. He argued that the county's practices comply with state law, which prohibits the processing of mail-in ballots before 7 a.m. on Election Day.

However, Witold Walczak, legal director of the American Civil Liberties Union of Pennsylvania, countered this claim. He explained that county election workers could immediately identify disqualifying mistakes on incoming mail-in ballots without engaging in canvassing activities. Walczak stated:

Precanvassing is about opening the (ballot) envelopes. That's not what this is. And if Sherman is right, then 80% of counties are doing it wrong.

Impact On Voter Participation And Election Integrity

The judge's ruling revealed that Washington County rejected 259 mail-in ballots received before polls closed during the primary election, representing 2% of all timely received mail-in ballots. This statistic underscores the potential impact of the county's practices on voter participation.

The decision is particularly significant given the political landscape in Pennsylvania. Approximately three-quarters of mail-in ballots in the state tend to be cast by Democrats, possibly influenced by former President Trump's unsubstantiated claims about mail-in voting fraud. By requiring the county to notify voters of rejected ballots and allow for provisional voting, the court aims to ensure that eligible voters have the opportunity to have their voices heard in the electoral process.

Broader Implications For Election Administration

This case draws attention to the varying practices among Pennsylvania counties regarding mail-in ballot processing and voter notification. It raises questions about the need for standardized procedures across the state to ensure equal treatment of voters.

The ruling may also influence how other counties handle similar situations in future elections, potentially leading to more transparent and voter-friendly practices throughout Pennsylvania and beyond.

As the 2024 presidential election approaches, this decision serves as a reminder of the ongoing legal and administrative challenges surrounding mail-in voting and the importance of protecting voter rights in a contentious political environment.

In conclusion, the federal judge's ruling against Washington County, Pennsylvania, addresses a critical issue in election administration. By requiring notification of rejected mail-in ballots, the decision aims to protect voter rights and ensure a fair electoral process. The case highlights the complexities of mail-in voting procedures and the need for transparency in ballot processing. As Pennsylvania prepares for the upcoming presidential election, this ruling may have significant implications for how counties handle mail-in ballots and communicate with voters.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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