Election laws and procedures are back on the forefront of discussions as Pennsylvania prepares for its upcoming elections. With significant changes proposed and recent rulings from the state Supreme Court, the voting process is undergoing scrutiny amid public interest.
On October 24, 2024, the Pennsylvania Supreme Court made headlines with its 4-3 decision ruling on provisional ballots. According to the ruling, voters whose mail-in ballots are rejected will have the chance to cast provisional ballots, thereby ensuring their participation. This development is especially significant as over 1.1 million mail ballots have already been returned, highlighting the growing reliance on mail-in voting among Pennsylvania voters。
The court's majority opinion, penned by Justice Christine Donohue, states, "Absent any other disqualifying irregularities, the provisional ballots were to be counted if there were no other ballots attributable to the Electors. There were none." This ruling aims to alleviate concerns over 'naked ballots,' which occur when mail-in ballots are submitted without the required secrecy envelope. Such cases previously left some voters disenfranchised.
Opposition to this ruling came from the Republican National Committee and the Pennsylvania Republican Party, who argued the necessity of upholding existing safeguards around ballot integrity. RNC spokesperson Claire Zunk expressed their disappointment, stating, "We disagree with the Court’s decision. The legislature has set clear, commonsense safeguards to protect the ballot, and those rules must be enforced." Their intention remains to explore all legal avenues to preserve what they deem the integrity of the electoral process.
With the push for transparency around mail-in voting, advocates like David Thornburgh, chairman of Ballot PA, have noted the long-standing call for reforms to allow independent voters to participate more extensively. Pennsylvania is currently one of only ten states excluding independent voters from primary elections — many voters see this as "taxation without representation," as they must fund processes from which they are largely excluded. The recent House passage of Amendment A.6002 looks to end closed primaries after 87 years, allowing independent voters to vote for candidates during primary elections.
Rep. Jared Solomon, who proposed the amendment, believes this change will bring necessary inclusivity to the election process. He states, "Independent voters decide elections, so lawmakers finally decided to listen to them and vote to try to give them what they’ve been asking for all these years – the right to vote in every election in Pennsylvania." The amendment now awaits its final discussion and vote, before moving to the Senate for additional consideration.
Meanwhile, there are practical concerns surfacing surrounding the processing of mail and absentee ballots. Pennsylvania's current law restricts election workers from beginning to process mail-in ballots until 7 AM on Election Day. This leads to simultaneous operations between absentee ballot processing and on-the-ground polling – causing significant strain on resources. Election officials argue it creates delays and confusion as ballots can't be tabulated until everything is underway, resulting in uncertainty during results reporting on election night.
"It’s like we’re running an entire second election in parallel with in-person voting," lamented Lycoming County’s election director Forest Lehman. The proposed solution would allow for ballots to be processed days earlier, at least giving county workers the ability to prepare for efficient and timely results on Election Day.
It is noteworthy to mention, 43 states allow early processing of ballots, and many of those states have measures to prevent the early release of results. The current environment calls for legislative action to align Pennsylvania's practices with the majority of states, establishing clearer procedures to manage increasing mail-in voting.
The recent legal changes and legislative efforts reflect broader changes being discussed across the country as the campaign gearing up for the 2024 elections intensifies. Pennsylvania voters, both independent and otherwise, are likely to stay tuned for updates on developments surrounding both the acceptance of provisional ballots and the potential opening of primaries.
It seems obvious: as voting habits evolve and more citizens utilize mail-in ballots, transparent and efficient processing practices are pivotal. Uncertainty lingers whenever election systems are perceived as riddled with delays or ambiguity, and as such, state officials are under pressure to present changes swiftly. When the voters speak up, legislators are bound to take heed, leading to what could become significant shifts within Pennsylvania's electoral practices.
With upcoming deadlines and the end of the registration period looming, state officials have their work cut out for them. Transparent voting procedures must not only be practical but also reflect the will of the citizens. It remains to be seen how bipartisan cooperation can achieve these aims and restore public confidence surrounding the electoral process.
