Butler County case appealed after judge ruled against residents whose ballots were rejected • Pennsylvania Capital-Star

Two Butler County residents appealed a court ruling Tuesday that said the Butler County Board of Elections had the right to disregard their provisional ballots in the 2024 primary election.

The case is one of several filed by the American Civil Liberties Union of Pennsylvania, the Public Interest Law Center and other voting rights groups following the 2024 primary election. The rulings could impact the conduct of the general election in November.

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

The ACLU of Pennsylvania and the Public Interest Law Center filed suit against Butler County on behalf of voters in April, arguing that voters who made other errors in their mail-in ballots were entitled to correct them and that the two plaintiffs also had a right to have their votes counted.

The Butler County Court of Common Pleas ruled against the two voters on Friday, saying in its opinion that it is up to lawmakers to create a legal process to correct mistakes like theirs.

“Today's decision is disappointing, and we and our clients are exploring our options for an appeal,” Mimi McKenzie, legal director of the Public Interest Law Center, said in a statement after the ruling. “The provisional ballot process has been in place for more than two decades for scenarios like this, and the county is obligated to use it.”

The appeal will be heard in the Commonwealth Court.

The Butler County lawsuit is one of several filed by the ACLU and the Public Interest Law Center alleging post-primary disenfranchisement.

A lawsuit filed by Washington County alleges that hundreds of voters were not notified before Election Day that their ballots were invalid, effectively denying them the opportunity to correct their ballots or vote provisionally.

The Washington County Court of Common Pleas has not yet made a decision in the case.

Another lawsuit was filed against Commonwealth Secretary Al Schmidt and other election officials after numerous ballots were invalidated because voters made errors in dating their absentee ballot envelopes. The case has been heard, but no decision has yet been made.