State of Pennsylvania

Pennsylvania Chester County Election Administration Challenge

Republican Committee of Chester County v. Chester County Board of Elections

Lawsuit filed by the Republican Committee of Chester County and four of its members against the Chester County Board of Elections challenging the board of elections’ policies. The local Republican committee argues that the board of elections unlawfully refused to allow Republican candidates to serve as poll watchers and poll workers, made policy decisions without fair notice to the public and allowed third party individuals to return ballots on behalf of residents of long term care facilities. The committee argues that these actions violate the Pennsylvania Election Code and Sunshine Act. The state’s Sunshine Act requires state and local governments agencies to hold public meetings before taking any official actions. 

It also argues that allowing individuals to return ballots on behalf of voters in nursing homes or long term care facilities violates a directive from the Pennsylvania Department of State requiring voters to select an agent from their household to return ballots on their behalf. The committee asks the court to block the board of elections from allowing third party ballot returns from long term care facilities and making future election administration decisions without public notice.

A hearing was held on April 22, 2024.

STATUS: The court declined to temporarily block the county’s election policies for the 2024 primary. Third party individuals are able to return ballots on behalf of residents of long term care facilities. Litigation is ongoing in the trial court.

Case Documents

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