Pennsylvania Luzerne County Provisional Ballot Canvassing Challenge

Petition filed by GOP incumbent and candidate for Pennsylvania’s 117th House District, Mike Cabell, against the Luzerne County Board of Election challenging the board’s decision regarding two provisional ballots cast in the April 2024 Republican primary election. After the primary election, the board reviewed dozens of provisional ballots to determine whether or not they would be counted. Cabell alleges that the board wrongly accepted a provisional ballot that was partially executed and not properly signed by the voter. Cabell also claims the board wrongly rejected one voter’s provisional ballot because the individual was still registered to vote in another county. Cabell claims the board’s decision violates the Pennsylvania Election Code and asks the court to require the board to count the rejected provisional ballot and disqualify the partially executed provisional ballot.

On May 15, 2024, the trial court denied Cabell’s petition. On July 1, the Pennsylvania Commonwealth Court reversed the trial court’s decision, meaning the partially executed ballot would be excluded, while the other contested ballot could be counted. 

Following the ruling, Cabell’s opponent — Jamie Walsh — appealed to the Pennsylvania Supreme Court, which agreed to take up the case for review on July 24.  

RESULT: On Sept. 13, 2024, the state Supreme Court ruled that the state constitution does not protect a right to have one’s partially executed provisional ballot counted. Counties in Pennsylvania must continue to reject provisional ballots with incomplete outer envelope signatures. The court also affirmed that a provisional ballot cast by a voter who recently relocated to another county should be counted.

Following the ruling, Luzerne County certified its election results, with Walsh as the winner in the 117th House District race.

Last updated: September 13, 2024 3:44 pm EST