A Pennsylvania judge recently delivered a significant victory for election integrity by upholding a decision made by the Butler County Board of Elections. The ruling prevents voters from “curing” defective mail-in ballots that lack the required inner secrecy envelopes, also known as “naked ballots.” This decision aligns with state law, which mandates that all mail-in ballots must be enclosed within a secrecy envelope to ensure their validity.

According to Democracy Docket, before Election Day, several plaintiffs submitted mail-in ballots without these crucial envelopes, leading the Board of Elections to reject them. The voters attempted to rectify their errors by submitting provisional ballots on Election Day, but the board ultimately decided against counting these ballots. Judge S. Michael Yeager supported the board’s decision, emphasizing that maintaining voting deadlines and ensuring ballot secrecy are essential for upholding the law.

In his ruling, Judge Yeager stated, “The actions of the Board in adopting a narrow cure policy that applies in such a way as to uphold voting deadlines and ensure secrecy in voting is maintained, but that allows electors the greatest possible chance of having their vote counted, does not violate either the Election Code or the Free and Equal clause of the Pennsylvania Constitution.” He also stressed that it is the voter’s responsibility to ensure their mail-in ballot meets all necessary requirements for inclusion in the final count.

Republicans Stand Firm on Election Law

The Republican National Committee and Pennsylvania GOP previously submitted a petition to Judge Yeager, arguing that Pennsylvania law clearly requires secrecy envelopes for mail-in ballots. They asserted that any ballot received without a secrecy envelope must be disqualified. The Republicans also criticized the Department of State for contacting voters whose mail-in ballots had been rejected due to the absence of a secrecy envelope and encouraging them to correct their mistakes by voting provisionally in person.

In their petition, the Republicans made it clear that there is no legal basis under Pennsylvania law for curing mail-in ballots that lack a secrecy envelope. They argued that any attempt to establish such a right should be firmly rejected. The Republicans emphasized their interest in ensuring that Pennsylvania law is followed and that the county boards of elections have the authority to conduct elections according to the established rules.

Furthermore, the Republicans highlighted their right to intervene in the legal proceedings, as they have a vested interest in upholding the Election Code. They emphasized that this code is the foundation upon which their voters, members, and candidates exercise their constitutional rights to vote and participate in elections across Pennsylvania.

Our Take

This ruling reinforces the importance of adhering to established election laws, especially when it comes to the proper handling of mail-in ballots. By requiring voters to follow the rules regarding secrecy envelopes, the integrity of the election process is upheld. This decision should serve as a reminder that election laws are in place for a reason, and bending the rules to accommodate mistakes could lead to chaos. Ensuring that every vote is counted accurately and fairly is crucial, and this ruling helps to protect that principle.