Pennsylvania Lawmaker Offers Legislation to Count Provisional Ballots in Cases of Defective Mail-In Votes

Pennsylvania state Senator Lisa Boscola (D-Bethlehem) is drafting a bill to ensure voters have their in-person votes counted in cases when their defective mail-in ballots were tossed. 

Boscola sponsored Act 77, the 2019 law that legalized no-excuse mail-in voting in Pennsylvania, and her emerging bill seeks to clarify a part of that statute. A provision in that law led the Delaware County Board of Elections to vote unanimously on May 23 to throw out six of its eligible voters’ ballots cast in the May 16 primary. Three of those voters are now suing the board in the Delaware County Court of Common Pleas to have their votes tallied and to guarantee those in similar situations have their ballots counted in the future. 

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Pennsylvania Court Dismisses GOP Lawsuit Against Ballot ‘Curing’ Policies

Pennsylvania’s Commonwealth Court on Thursday dismissed a Republican Party lawsuit seeking to prevent counties from “curing” mail-in ballots that contain mistakes. 

The GOP national and state committees who sued insisted state law does not outline procedures for local election boards to inform absentee voters they made mistakes filling out their vote envelopes or to let those voters fix their errors. In recent elections, various counties did so anyway, prompting Republicans to object that the rules aren’t being followed in certain jurisdictions across the commonwealth.

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Democratic Judge Questions Differing Ballot-Curing Rules Across Pennsylvania

As political-party attorneys and the state of Pennsylvania argued over “curing” election ballots on Thursday, the Democratic judge hearing the case suggested that differing county rules could undermine confidence in election integrity.

Judge Ellen Ceisler, one of two Democrats on the seven-member Commonwealth Court, conducted the hearing in which Republican Party lawyers pressed their case against Pennsylvania Acting Secretary of State Leigh Chapman (D). Per litigation filed three weeks ago, the plaintiffs contended that the court should not permit the secretary to let counties notify absentee or mail-in voters that their ballots contain mistakes that can supposedly be corrected or “cured.” 

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