A judge on Friday tossed the lawsuit filed by two Pennsylvania voters against the Butler County Board of Elections, granting a victory to Republicans who intervened in the case to argue allowing the request would block “a crucial function in protecting election integrity” this November.
Petitioners requested mail-in voters be allowed to “cure” ballots that were submitted without a security envelope after their ballots were tossed during the 2024 primary elections.
The Friday ruling by Butler County Common Pleas Judge S. Michael Yeager determined Pennsylvania law places the responsibility of correctly submitting a mail-in vote on the citizen casting the ballot, not the board conducting the election.
“It is the voter’s burden to ensure they have completed the steps necessary for their mail-in ballot to be included in the tabulation,” wrote Yeager.
He also dismissed any claims disallowing the “curing” of improperly submitted mail-in ballots means those responsible for the errors are denied an equal opportunity to vote.
Because the “[p]etitioners do not allege, and indeed, there is no evidence, they were not provided with an equal opportunity to submit a valid ballot,” their “displeasure does not implicate the equal opportunity to vote, but rather, the equal opportunity to correct a mistake.”
Yeager noted that no Pennsylvania voters are allowed to correct an incorrectly submitted ballot, meaning the request would give those who vote by mail an additional opportunity not afforded to Pennsylvanians who vote in person.
Nonetheless, Yeager acknowledged the frustration purportedly experienced by those seeking to allow their mail-in ballots to be “cured.”
“The court would urge the legislature to consider the situation of the Petitioners, to develop and implement a procedure for those who return defective ballots to correct same to ensure as full participation as possible in the voting franchise,” Yeager wrote.
Yeager ultimately determined the Butler County Board of Elections’ decision not to allow the curing, “allows electors the greatest possible chance of having their vote counted,” while simultaneously complying with the Pennsylvania Election Code and the Free and Equal clause of the Pennsylvania Constitution.
Both the Republican Party of Pennsylvania (PAGOP) and the Republican National Committee (RNC) intervened in the lawsuit in May, when the RNC explained the security envelope included with mail-in ballots “plays a crucial function in protecting election integrity because it prevents election officials from finding out who the voter voted for.”
The petitioners are widely expected to appeal the ruling.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Casting Ballot in Drop Box” by Lbeaumont. CC BY-SA 4.0.
