RNC, Pa. GOP appeal Washington Co. ballot-curing lawsuit to state Supreme Court
County elections board holding special meeting at 10 a.m. today
Mike Jones
The Republican National Committee and Pennsylvania GOP are asking the state Supreme Court to review an appellate court’s recent decision regarding ballot curing in Washington County.
National and state Republicans filed the appeal Friday just three days after the state Commonwealth Court upheld a ruling by Court of Common Pleas Judge Brandon Neuman ordering Washington County’s elections board to notify voters who made fatal mistakes on their mail-in ballots, while also giving them the chance to vote with a provisional ballot instead.
It wasn’t clear whether the state Supreme Court would take the appeal since the RNC and state GOP have already asked the high court to use its “king’s bench” authority to rule on a variety of issues involving mail-in ballots ahead of the Nov. 5 general election. Washington County is listed as a participant in the appeal, but not one of the petitioners, according to online court documents.
Washington County’s elections board was sued July 1 by the ACLU of Pennsylvania and Public Interest Law Center in Philadelphia on behalf of seven voters who claimed they were disenfranchised because they were never notified that they made mistakes submitting their mail-in ballots – such as forgetting to sign or date the envelopes – meaning their votes weren’t counted for the April 23 primary. A total of 259 mail-in ballots weren’t counted because they had fatal disqualifying errors during the primary.
Neuman ruled on Aug. 23 that those voters should have been notified and given the chance to submit a provisional ballot at their polling place on Election Day. The RNC and state GOP appealed his order, but the state Commonwealth Court affirmed his ruling with a 2-1 decision on Sept. 24.
Washington County Commission Chairman Nick Sherman, who also heads the elections board, said Tuesday they are taking a “wait and see” approach over whether the high court will take the case, and if so, how it will rule. He declined further comment because the appeal is still pending.
Even with a final decision in limbo, the county’s elections board is holding a special meeting at 10 a.m. today to discuss a policy for how to handle absentee and mail-in ballots with issues for next month’s election. The meeting is open to the public and will be held in the county’s general meeting room on the ground floor of the Crossroads Center building at 95 W. Beau St. in Washington.