In a ruling that could impact the presidential election results across the state, election officials in a western Pennsylvania county must tell voters if their mail ballots cannot be counted and record that information in a statewide voter system.

The Washington County Court of Common Pleas ruled that the Pennsylvania Constitution requires the county board of elections to inform mail-in voters of any disqualifying errors on their mail-ballot packets when those errors are detected by the board. This finding says the constitution requires the board to provide that notice before the voter irretrievably loses the right to vote.

Though the case is specific to Washington County and the actions it took during the April primary, the ruling sends a signal to election officials across the state about how to handle incorrectly completed ballots November’s election approaches.

“Washington County’s policy of concealing minor but disqualifying errors on mail-ballot return envelopes needlessly disenfranchised 259 Washington County voters,” said Witold Walczak, legal director of the ACLU of Pennsylvania. “The court was right to rule that constitutional due process requires governments to notify people before taking away their fundamental rights, like voting, so they can contest the decision.”

“This ruling marks a significant step in safeguarding the voting rights of Washington County residents,” said Sarah Martik, executive director of the Center for Coalfield Justice. “It should be a no-brainer that voters are notified if they make a mistake on their mail-in ballot packet and have the option to cast a provisional ballot. This decision helps to ensure that every voter understands their rights and has the opportunity to correct any errors. We appreciate the support from our partners at the ACLU of Pennsylvania, Public Interest Law Center, and NAACP, as well as the individuals who stood with us to protect our democracy. We will continue to oppose any measures that aim to disenfranchise members of our community.”

The court ordered Washington County to, at minimum, enter accurate codes in a statewide voter database upon receiving a mail ballot with disqualifying errors, which triggers an email alert to voters, allows voters to check ballot status on a state website, and permits political parties and get-out-the vote groups to contact people and alert them that their mail ballots will not be counted.

The court also ordered that Washington County’s poll books on Election Day must indicate if a voter’s mail ballot has been segregated for a disqualifying error and allow that person to cast a provisional ballot.

Prior to the 2024 primary, Washington County changed its policy on “curing” mail-in ballots by directing election workers to conceal from voters technical errors on their ballot-return envelopes, such as a missing or incorrect date or a missing signature that would disqualify their vote.

The change also meant that voters who called the elections office to ask if their ballot would be counted would not be allowed to receive an answer. The new policy resulted in disqualification in the April primary election of 259 mail ballots, a higher mail-ballot rejection rate than most other counties.

“It’s a great day for voters in Washington County,” said David Gatling, Sr., president of the Washington Branch NAACP. “The Washington Branch NAACP is pleased with the judge’s decision. Our vote is precious, powerful, and fundamental, and we will not tolerate any elected official who tries to disenfranchise or suppress votes in Washington County. There is a long history of tactics used to violate people’s voting rights. It is wrong to deny any American the right to vote.

In a statement Washington County Commissioner Nick Sherman, the Republican who chairs the election board, criticized the decision as an example of a judge overstepping and creating law from the bench. He said the board was considering its next steps.

“This is the most egregious example of a judge legislating from the bench that I have ever seen,” said Sherman. “In his decision, the judge contradicts himself when he says we violated no state law and then says he doesn’t like the way the law is written. The legislature clearly stated that no ballot should be handled after submission until the morning of the election. According to the PA Election Code (1.1), the county board of elections should meet no earlier than 7:00 A.M. on election day to pre-canvass all received ballots.

“This is a page out of the national Democratic Party handbook. When they don’t agree with a state law, they weaponize the ACLU and find a liberal judge to rule in their favor. It’s unconstitutional and un-American. This decision is disappointing, and we are currently considering our next steps.”

“This decision is a win for fairness and transparency in our elections in Pennsylvania and ensures Washington County voters will have an opportunity to exercise their fundamental right to vote in November,” said Mimi McKenzie, legal director of the Public Interest Law Center. “Boards of elections should be helping voters to ensure their ballots count, not playing gotcha to secretly disenfranchise their own citizens.”

Statewide, nearly 8,000 ballots were rejected in April’s primary because of issues with the date, signature, or privacy envelope.