Pennsylvania Supreme Court Takes Up GOP Challenge to Defective Mail-In Ballot Curing

The Pennsylvania Supreme Court has agreed to hear a challenge from the Republican National Committee (RNC) and the Republican Party of Pennsylvania against lower court rulings that require counties to notify voters of defective mail-in ballots and allow them to fix those errors so the votes can be counted.

The case, which could significantly impact the administration of mail-in voting in the key battleground state of Pennsylvania ahead of the 2024 general election, hinges on the legality of mail-in ballot curing procedures.

At the heart of the debate are changes to Washington County's mail-in voting policy adopted in April. The county voted to enter all mail-in ballots, even those flagged as defective, into the state's voter registration system as "received." This meant that voters will remain unaware their defective ballots won't be counted unless they take specific steps to verify the status of their vote.

"The Trial Court's mandating a notice-and-cure procedure usurps the province of the Legislature, and, accordingly, violates the separation of powers doctrine of the Pennsylvania Constitution," the RNC wrote in the filing.

"There is no 'constitutional or statutory' right to 'notice and cure' of defective mail-in ballots, and the Commonwealth Court lacks authority to order the Board to provide such notice or to permit the ballots to be cured, regardless of method," reads the RNC's petition for appeal.

The RNC also argued that the lower court's decision requires Washington County clerks to inspect mail-in ballots before the official pre-canvass and notify voters of the results of those inspections, which violates provisions of the Pennsylvania election code.

In general, the RNC has argued across multiple filings that practices requiring notification and giving the opportunity to cure defective mail-in ballots are policy decisions that should be left to the state Legislature, not the courts, and that requiring counties to adopt notice-and-cure procedures has the potential to undermine election integrity.

Briefs from both sides are expected to be filed in the coming days, with the Pennsylvania Supreme Court's ruling likely to play a significant role in shaping election procedures in the state ahead of the fast-approaching November election.