CLEARFIELD – As in 2020, lawsuits continue to swirl around November’s presidential election.
“And, a lot still remains in limbo—unfortunately,” Solicitor Heather Bozovich reported to members of the Clearfield County Election Board on Thursday.
She said last week the Republican National Committee and Pennsylvania Republican Party filed a lawsuit in the Pennsylvania Supreme Court, which is now prompting the court’s consideration of whether counties must count provisional ballots cast by voters at polling places Election Day in cases where their mail-in ballot had a technical issue like a missing secrecy envelope.
It may also consider whether counties must even permit provisional ballots for voters if there was a missing secrecy envelope or another error with their mail-in ballot that caused it to be rejected or disqualified.
Additionally Bozovich said various voter groups just on Wednesday filed a lawsuit asking the Pennsylvania Supreme Court to decide whether timely-received mail-in ballots can be rejected if they have an incorrect or missing handwritten date on the return envelope.
Both lawsuits had responses due Thursday and remain undecided.
It was noted that the county will closely monitor these major election law cases but will not file responses to avoid “starting fires” and instead will abide by the court’s decision whatever it may be.
On Sept. 24, Bozovich reported that the Pennsylvania Commonwealth Court upheld a Washington County decision that requires the county to inform voters of mail-in ballot errors.
Reportedly, it has not been the policy of Washington County to let voters “cure” ballot issues, and it intends to file an appeal, though that had not been done as of Thursday’s Election Board meeting.
It was noted by Director of Elections Dawn Graham that the county does have provisional ballots available at polling places; however, any provisional ballots cast are kept separately for ballot adjudication purposes, which occurs after the election.
Graham said it’s always been the county’s policy to notify voters of mail-in ballot issues so they have the opportunity to come in and cure them, which Bozovich did indicate was supported by the decision of the Commonwealth Court.
Both Clearfield County Commissioners Dave Glass and John Sobel said the county has always done a good job of making sure every vote counts within reason.
For example, Glass said mail-in ballots with missing secrecy envelopes will “100 percent” be rejected Election Day with absolutely no exceptions.
However, he did indicate after the meeting that if voters discover their mail-in ballot was sent in without the secrecy envelope that they would allow voters to come in, reopen their own ballot and “cure” that issue before Election Day.
“But, they have to figure that out for themselves because we don’t touch them,” he said, noting how election officials aren’t permitted to pre-canvas, or process, ballots prior to the election.
In other business, Graham said county absentee ballots were mailed out and voters should receive them in the next day or so.
The county’s approximately 5,000 mail-in ballots will be mailed out beginning Monday and will be received by voters over the next two weeks.
Glass said voters have been really anxious to receive their absentee and mail-in ballots but asked for their patience as the county didn’t receive a certified ballot until about a week ago.
We are well underway as compared to past years I think, and there will be “plenty” of time for our voters to cast their ballots by deadline, he said.