Pennsylvania Absentee Ballot Return Policy Challenge

Lawsuit filed on behalf of members of the Pennsylvania House of Representatives, David Zimmerman (R) and Kathy Rapp (R), against Acting Secretary of the Commonwealth of Pennsylvania Al Schmidt (R), the commonwealth of Pennsylvania, the Pennsylvania  Department of State and the board of elections in every county of the commonwealth, challenging Pennsylvania laws and guidance that allow voters to submit absentee ballots to their local board of elections. Some local boards of elections offer county drop boxes, county drop off sites or satellite county elections offices for voters to return their ballots. The plaintiffs argue that under the Pennsylvania Constitution, voters can only cast their ballots at their respective polling place or precinct. The plaintiffs are asking for the state to require voters to return ballots only to their local precincts.

On Aug. 23, 2024, the Commonwealth Court rejected the lawsuit on the merits. Pennsylvania voters will continue to return completed absentee ballots to their county boards of elections. The plaintiffs appealed the Commonwealth Court’s ruling to the Pennsylvania Supreme Court.

RESULT: On Sept. 25, the Pennsylvania Supreme Court vacated the Commonwealth Court’s ruling after finding it lacked jurisdiction and remanded the case for dismissal with prejudice. Pennsylvania law requiring voters to return their completed absentee ballots to their county boards remains in tact.

Last updated: September 25, 2024 4:00 pm EST