Butler County case appealed after judge ruled against residents whose ballots were rejected

The redesigned ballot and envelope for Pennsylvania in 2024 (Capital-Star photo)

Two Butler County residents appealed a court ruling Tuesday that the Butler County Board of Elections was within its rights not to count their provisional ballots in the 2024 primary election.

The case is one of several that was filed by the American Civil Liberties Union of Pennsylvania, the Public Interest Law Center and other voting rights groups after the 2024 primary. The rulings could have implications for how the general election in November is administered.

Both plaintiffs in the Butler County case attempted to vote by mail in the primary, but did not enclose their ballots in an inner secrecy envelope as required. They were made aware of their errors before the final day of voting and filled out provisional ballots in an attempt to have their votes counted regardless. But the county elections board rejected those ballots.

The ACLU of Pennsylvania and the Public Interest Law Center sued Butler County on the voters’ behalf in April. They argued that voters who made other mistakes on their mail-in ballots were allowed to cure them, and that the two plaintiffs had just as much right to have their votes counted.

The Butler County Court of Common Pleas ruled against the two voters on Friday. The opinion said that it is up to legislators to create a legal pathway for errors like theirs to be corrected.

“Today’s decision is disappointing, and we and our clients are considering our options for appellate review,” Mimi McKenzie, the legal director of the Public Interest Law Center, said in a statement after the ruling. “The provisional ballot process has existed for more than two decades for scenarios just like this, and the county has an obligation to utilize it.”

The appeal will be considered in Commonwealth Court.

The Butler County lawsuit is one of several the ACLU and Public Interest Law Center have filed over alleged voter disenfranchisement after the primary.

A Washington County lawsuit claimed that hundreds of voters were not informed that their ballots were rejected before election day, effectively denying them a chance to cure their ballots or vote provisionally.

The Washington County Court of Common Pleas has yet to rule on that case.

Another lawsuit was filed against Secretary of the Commonwealth Al Schmidt and other election officials after numerous ballots were disqualified when voters made errors dating their mail-in ballot envelopes. The case was argued, but no decision has been filed yet.