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Judicial Ruling Addressing Mail-In Ballot Practices in Pennsylvania
HARRISBURG, Pa. — A Pennsylvania county governed by Republicans was found to have violated state law during the April primary, as election officials did not inform voters about the rejection of their mail-in ballots, a decision recently highlighted by a judge.
The failure to communicate ballot rejection details meant that voters in Washington County lost their opportunity to contest the elections board’s ruling or to submit provisional ballots instead of the invalidated mail-in ballots, according to the judicial ruling.
This ruling is part of a broader series of legal disputes surrounding election procedures in Pennsylvania, a key state in upcoming presidential elections, where the race between Republican Donald Trump and Democrat Kamala Harris is expected to be closely contested.
“It’s a significant day for the voters of Washington County,” stated David Gatling Sr., president of the local NAACP chapter, in response to the ruling.
The NAACP, along with seven affected voters and the Center for Coalfield Justice, brought the lawsuit against the county earlier this summer, alleging that the county’s actions infringed on constitutional due process rights by withholding information on ballot counts.
In his ruling, Judge Brandon Neuman mandated that Washington County must alert voters whenever a mail-in ballot is rejected due to errors such as missing signatures or dates, allowing voters the chance to appeal the decision.
The court also directed the county to permit these voters to cast provisional ballots, ensuring their participation in the election.
During the primary election, the county disqualified 259 mail-in ballots, representing about 2% of the total submitted on time, as noted by the judge. Historically, Democrats comprise a substantial majority of mail-in voters in Pennsylvania, a trend possibly influenced by prolonged claims by Trump regarding voter fraud associated with mail-in voting.
Nick Sherman, chair of Washington County’s commissioners, indicated that county officials were considering their options regarding an appeal but maintained that their practices align with state regulations.
Sherman expressed concerns over the ruling, suggesting it illustrates a “legislative” overreach from the judiciary, particularly pointing out the political affiliation of Judge Neuman.
He also remarked that state law restricts the county from initiating the processing of mail-in ballots until Election Day.
In contrast, Witold Walczak, legal director for the ACLU of Pennsylvania, asserted that election workers can immediately identify whether a mail-in ballot contains disqualifying errors before the official processing begins.
Most counties in Pennsylvania promptly notify voters of such issues or update the ballot’s status in the state’s voting system, thereby facilitating voter awareness and response, Walczak explained.
Walczak emphasized that this notification process should not be misconstrued as precanvassing, which pertains to the actual opening of ballot envelopes. He cautioned that if Sherman’s interpretation were correct, it would imply that a large majority of counties are not adhering to legal requirements.
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Source
abcnews.go.com