A Pennsylvania judge has determined that voters and election officials are not permitted to process or consider mail-in ballots that lack the necessary privacy envelope, often referred to as “naked ballots.”
Judge S. Michael Yeager of the Butler County Court of Common Pleas dismissed an appeal aimed at contesting the decision of the Butler County Board of Elections to disqualify mail-in ballots missing the privacy envelopes, also known as ‘naked’ ballots.
The controversy began when Butler County residents Faith A. Genser and Frank P. Matis neglected to use the required privacy envelopes while submitting their mail-in ballots for the primary election on April 23, 2024.
Despite being notified that their ballots were invalidated because of this oversight, the pair still attempted to vote via provisional ballots on the day of the election, in hopes that their votes would be considered.
However, the Butler County Board of Elections, adhering to the stringent voting regulations of Pennsylvania, did not accept these provisional ballots, prompting the lawsuit filed by ACLU Pennsylvania.
The court concluded that the Butler County Board of Elections was within its legal rights to refuse provisional ballots that were submitted without the needed privacy envelopes.
According to the decision, these “naked” ballots fail to adhere to the requirements established in Pennsylvania’s Election Code, which insists that all mail-in ballots must be filled out, placed inside a privacy envelope, and then enclosed in an Outer Envelope before being submitted.
The judge pointed out that counting such ballots would compromise the cornerstone of secure and equitable elections. Voters who do not follow these rules endanger their own suffrage and undermine the election’s integrity.
The court expressed its understanding and sympathy towards the plaintiffs. It acknowledged the frustration of those who realize too late that they omitted the privacy envelope from their mail ballot package, rendering them unable to correct their mistake and ensure their vote is counted.
Nevertheless, the court emphasized that the task of addressing these issues lies with the legislature, not the judiciary, as affirmed in the Boockvar case. The court encourages the legislature to consider the predicament of the plaintiffs and to devise a method allowing voters with defective ballots a chance to rectify their errors, ensuring widespread participation in the voting process.
Furthermore, the court found that the Board’s strict policy on rectifying ballot errors, which emphasizes adherence to voting deadlines and safeguarding ballot secrecy while maximizing the chances of votes being counted, does not breach the Election Code or the Pennsylvania Constitution’s Free and Equal Elections clause.
