A court decision in the presidential battleground of Pennsylvania means voters can cast a provisional ballot in place of a mail-in ballot that is rejected for a garden-variety mistake they made when they returned it. Lawyers in the case say Thursday's decision will apply to all counties.
FILE - Chester County, Pa., election workers process mail-in and absentee ballots at West Chester University in West Chester, Pa., Nov. 4, 2020. HARRISBURG, Pa. — A court decided Thursday that voters in the presidential battleground of Pennsylvania can cast provisional ballots in place of mail-in ballots that are rejected for a garden-variety mistake they made when they returned it, according to lawyers in the case.
The three-member panel ruled that nothing in state law prevented Republican-controlled Butler County from counting two voters’ provisional ballots in the April 23 primary election, even if state law is ambiguous. The case stems from a lawsuit filed by two Butler County voters who received an automatic email before the primary election telling them that their mail-in ballots had been rejected because they hadn’t put them in a blank “secrecy” envelope that is supposed to go inside the ballot return envelope.Navy secretary breaks law with political statements about presidential race, watchdog saysIn the court decision, Judge Matt Wolf ordered Butler County to count the voters’ two provisional ballots.
The decision will apply to all counties, lawyers in the case say. They couldn’t immediately say how many Pennsylvania counties don’t let voters replace a rejected mail-in ballot with a provisional ballot.
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