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SHENANIGANS! Well-Intended PA Supreme Court Ruling May Create Election Night Chaos

AP Photo/Adam Bettcher

The 2024 election is in the home stretch. With less than two weeks remaining, the Harris/Walz campaign is in panic mode. Joy has been replaced with anger and desperation. Over the last few days, the Democrats have gone negative, and they've gone hard. They are throwing everything they can come up with against the wall in the hopes that something, anything, sticks. From decades-old allegations, accusations of fascism, and, of course, HITLER! 

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Polls are still close, especially in swing states. With election night drawing near and early voting underway, States are under pressure to count votes accurately and correctly and ensure the country knows who our next president will be, on election night. Georgia is already trying to temper expectations, which has not been well-received.

Now a decision by the Pennsylvania Supreme Court could potentially create election night chaos and jeopardize the chances of the results being tabulated in a timely matter. 

The decision stems from the 2024 primary election in Butler County. 

Two voters filed 'Naked' mail-in ballots which were rejected.

This case started in Butler County where two voters, Faith Genser and Frank Matis, voted by mail in the 2024 primary election. Each put their completed ballots directly inside the mailing envelopes, and did not use the secrecy envelope.

In Pennsylvania, mail-in ballots must be placed in a provided secrecy envelope, then placed in a provided mailing envelope, which must be signed and dated by the voter. A 'naked' ballot is mailed without using the secrecy envelope, and it is one of the most common reasons a mail-in ballot is rejected.

To preserve privacy, mail-in ballots are returned in two envelopes: an inner, secrecy envelope, and the outer mailing envelope. Pennsylvania election code requires voters to sign their name and write the date on the outer envelope.

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Butler County was correct to reject the mail-in ballots. They also notified the voters that their ballots were not being counted and provided instructions on steps they could take. 

“After your ballot was received by BUTLER County, it received a new status,” the notice said. “Your ballot will not be counted because it was not returned in a secrecy envelope. If you do not have time to request a new ballot before April 16, 2024, or if the deadline has passed, you can go to your polling place on Election Day and cast a provisional ballot.”

Both cast provisional ballots on election day, as instructed, and both provisional ballots were also rejected which led to a lawsuit for unlawful disenfranchisement.

Pennsylvania legislative rule says a provisional ballot shall not be counted if “the elector’s absentee ballot or mail-in ballot is timely received by a county board of elections.”

Therein lies the problem. By the letter of the law, the original mail-in ballots were 'Timely received' even though they were rejected because they were mailed without the secrecy envelope. As a result, Butler County rejected the provisional ballots as well. 

The Pennsylvania Supreme Court sided with the voters. As a result, voters whose mail-in ballots were rejected in the general election must be allowed to cast a provisional ballot on election day. This seems reasonable on the surface. Every eligible voter should have their vote counted.

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We agree. If a voter makes a mistake on a mail-in ballot and takes the necessary steps to correct the error then their vote should count. The problem is the timing. There is no consistency in Pennsylvania's 64 counties as to how rejected and provisional ballots are handled. Each county develops its own policies and procedures and while the court has told the counties what to do, they have offered no guidance as to how this should be achieved. 

Some counties return rejected ballots to voters with instructions to correct the mistake. Others require corrections to be made in person. While others send new ballots. Another case pending before the court from Washington County will determine if counties are required to notify voters when a ballot is rejected. Several counties do not currently do so.

Some counties, including Allegheny, send the defective ballot back to the voter with instructions on how to fix the error, as well as a new return envelope. Chester County tells voters to come into the election office with ID and fix it in person. Delaware County cancels the defective ballot and issues a new one.

There is precious little time to address the problem.

Some counties could easily become overwhelmed. Consider that in 2020 Philadelphia and Allegheny counties struggled to count votes. Both controversially found votes after the polls had closed. Each will process nearly one million votes on election night if the turnout is strong, and every indication is it will be. Now they will need to process provisional ballots, ensure that none of those are double counted, and do so in a quick and efficient manner. 

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As you might have guessed, confidence isn't very high. 

Could votes be counted twice? Will this ruling benefit larger counties that lean heavily to the Democrats? Time will tell. 

Conversely, Luzerne County has around two hundred thousand potential voters. At least that's what we think.

 Luzerne County is a mess. There are thousands of backlogged voter registrations and mail-in ballot applications. They can't even spell candidate's names correctly. The Board of Elections is understaffed, perhaps underfunded, and definitely underperforming. How are they going to handle provisional ballots on election day when they can't even deliver mail-in ballots beforehand?

Scott Presler recently attended a Board of Elections meeting and announced his intent to take action. But time is running short.

Pennsylvania is a critical swing state in this year's election. Trump and other down-ballot Republicans have been gaining momentum. Harris and the Democrats are in panic mode. 

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It's unclear, after this seemingly well-intended ruling, if the state is able to adequately handle election night.

They say the road to Hell is paved with good intentions. The Pennsylvania Supreme Court may have just, unintentionally, unleashed Hell on the 2024 election.

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