Pennsylvania Butler County Naked Ballot Provisional Voting Challenge

Lawsuit filed on behalf of two Butler County voters against the Butler County Board of Elections challenging the board’s decision to reject the provisional ballots of two voters who submitted mail-in ballots without an inner secrecy envelope. Pennsylvania requires voters who vote by mail to place their ballots in an inner secrecy envelope before putting them in an outer envelope. Ballots submitted without an inner secrecy envelope are considered naked ballots and are subsequently invalid. Prior to Election Day, the plaintiffs submitted mail-in ballots without an inner secrecy envelope and the board of elections rejected them. In an effort to cure their ballots, both voters submitted provisional ballots on Election Day. However, the board decided not to count the voters’ provisional ballots. The plaintiffs argue that the board of elections misinterpreted a Pennsylvania Supreme Court precedent and violated state election law by denying them the opportunity to cure or correct their mail in ballots. They argue that though the state Supreme Court has said naked ballots are invalid, it has never decided that voters cannot cure naked ballots.

The plaintiffs ask the court to strike down the board of elections’ policy of refusing to let voters cure naked ballots and reverse the board’s decision to reject their ballots in the 2024 primary elections.

On Aug. 16, 2024, the court ruled in favor of the defendants and dismissed the case, prompting the plaintiffs to appeal to the Commonwealth Court. Subsequently, on Sept. 5, the Pennsylvania Commonwealth Court reversed the trial court’s ruling, meaning Butler County voters will be able to cast a provisional ballot at their polling place if their mail-in ballot is missing an inner secrecy envelope. The Republican National Committee, Republican Party of Pennsylvania and Butler County appealed the Commonwealth Court’s ruling to the Pennsylvania Supreme Court on Sept. 8.

On Sept. 20, the Pennsylvania Supreme Court granted the Republican National Committee, Republican Party of Pennsylvania and Butler County’s appeal of the Commonwealth Court’s ruling.

RESULT: On Oct. 23, 2024, the Pennsylvania Supreme Court affirmed the Commonwealth Court’s ruling. Voters will be able to cast a provisional ballot at their polling place if their mail-in ballot is missing an inner secrecy envelope.

On Oct. 25, the Republican appellants asked the state Supreme Court to stay its decision pending their appeal, which the court declined to do on Oct. 28.

On Oct. 28, the RNC filed an emergency request in the U.S. Supreme Court asking it to pause the Pennsylvania Supreme Court’s ruling.

Last updated: October 31, 2024 4:14 pm EST