Kathianne
09-14-2024, 12:43 PM
Big deal:
https://www.democracydocket.com/news-alerts/pennsylvania-supreme-court-to-review-key-provisional-ballots-in-tight-gop-primary/
Provisional Ballots Must Have Signature To Count, Pennsylvania High Court RulesBy Crystal Hill
September 13, 2024
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A voter inserts an absentee ballot into a drop box. Credit: Adobe Stock
Provisional ballots cast in Pennsylvania elections without a required signature will not be counted, the state’s highest court ruled Friday.
The Pennsylvania Supreme Court ruled the state constitution does not protect a voter’s right to have their partially executed provisional ballot counted, and that state law is clear on the requirements for counting such ballots.
At issue was whether the failure of a voter to sign the outside envelope of their provisional ballot should be counted. The opinion cites Pennsylvania election code which states that a provisional ballot “shall not be counted” if either the provisional ballot envelope or affidavit are not signed by the individual.
Under the law, a county election board must compare the signature on the outer envelope to the signature on the voter’s registration form to assess whether it is valid and executed by the same person who signed the affidavit.
“Only then is the board permitted to count the ballot,” the decision says.
The court also affirmed a lower court decision holding that a provisional ballot cast by a voter who recently relocated to another county should be counted. The Commonwealth Court — the state’s appellate court — held that the ballot should be counted because the person who moved to a different county would not have been able to vote there due to Pennsylvania’s residency requirement.
Read the opinion here.
Read more about the case here.
Original post, July 26
Pennsylvania’s highest court will hear a challenge to two provisional ballots in a closely contested Republican primary race for a state House seat.
The Pennsylvania Supreme Court will hear arguments in an appeal from state House candidate Jamie Walsh, who earlier declared victory in his April primary against incumbent state Rep. Michael Cabell, over whether two provisional ballots should be legally counted, according to local media.
The provisional ballots could make a considerable impact in the race Walsh is reportedly leading by three votes.
One ballot was cast by a person who recently relocated to another county, while the other did not have a signature. The Luzerne County Election Board rejected the ballot of the person who moved, the Times Leader reported, and the Luzerne County Court of Common Appeals upheld the decision.
But the case went to the Commonwealth Court — the state’s appellate court — which held that the ballot should be counted because the person who moved to a different county would not have been able to vote there due to Pennsylvania’s residency requirement. Walsh appealed.
Walsh is also contesting the Commonwealth Court’s ruling that the provisional ballot without a signature should not be counted. According to the Pennsylvania Capital-Star, the court cited a statutory requirement that a voter sign both an affidavit and the outer envelope for the ballot to be accepted.
Cabell is seeking to count that provisional ballot, reportedly cast by his cousin, and reject the other, which would likely go to Walsh, according to Politics PA.
https://www.democracydocket.com/news-alerts/pennsylvania-supreme-court-to-review-key-provisional-ballots-in-tight-gop-primary/
Provisional Ballots Must Have Signature To Count, Pennsylvania High Court RulesBy Crystal Hill
September 13, 2024
Share on Facebook
Share on Twitter
A voter inserts an absentee ballot into a drop box. Credit: Adobe Stock
Provisional ballots cast in Pennsylvania elections without a required signature will not be counted, the state’s highest court ruled Friday.
The Pennsylvania Supreme Court ruled the state constitution does not protect a voter’s right to have their partially executed provisional ballot counted, and that state law is clear on the requirements for counting such ballots.
At issue was whether the failure of a voter to sign the outside envelope of their provisional ballot should be counted. The opinion cites Pennsylvania election code which states that a provisional ballot “shall not be counted” if either the provisional ballot envelope or affidavit are not signed by the individual.
Under the law, a county election board must compare the signature on the outer envelope to the signature on the voter’s registration form to assess whether it is valid and executed by the same person who signed the affidavit.
“Only then is the board permitted to count the ballot,” the decision says.
The court also affirmed a lower court decision holding that a provisional ballot cast by a voter who recently relocated to another county should be counted. The Commonwealth Court — the state’s appellate court — held that the ballot should be counted because the person who moved to a different county would not have been able to vote there due to Pennsylvania’s residency requirement.
Read the opinion here.
Read more about the case here.
Original post, July 26
Pennsylvania’s highest court will hear a challenge to two provisional ballots in a closely contested Republican primary race for a state House seat.
The Pennsylvania Supreme Court will hear arguments in an appeal from state House candidate Jamie Walsh, who earlier declared victory in his April primary against incumbent state Rep. Michael Cabell, over whether two provisional ballots should be legally counted, according to local media.
The provisional ballots could make a considerable impact in the race Walsh is reportedly leading by three votes.
One ballot was cast by a person who recently relocated to another county, while the other did not have a signature. The Luzerne County Election Board rejected the ballot of the person who moved, the Times Leader reported, and the Luzerne County Court of Common Appeals upheld the decision.
But the case went to the Commonwealth Court — the state’s appellate court — which held that the ballot should be counted because the person who moved to a different county would not have been able to vote there due to Pennsylvania’s residency requirement. Walsh appealed.
Walsh is also contesting the Commonwealth Court’s ruling that the provisional ballot without a signature should not be counted. According to the Pennsylvania Capital-Star, the court cited a statutory requirement that a voter sign both an affidavit and the outer envelope for the ballot to be accepted.
Cabell is seeking to count that provisional ballot, reportedly cast by his cousin, and reject the other, which would likely go to Walsh, according to Politics PA.