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 Senate Bill Would Reprioritize In-Person Votes

Two Pennsylvania state senators told colleagues this week they are drafting a measure to count in-person ballots rather than absentee ballots in instances when someone uses both methods to vote. 

Before Act 77, a 2019 law letting Pennsylvanians vote by mail without an excuse like illness or travel, those who submitted absentee ballots but became able to vote in person could do so while having their absentee ballots voided. The new law however directs election boards to let an absentee voter cast their vote in person using a provisional ballot; in cases when the mail-in ballot was received by 8 p.m. on Election Day, the earlier mail-in ballot, not the in-person one, is recorded.

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