Lawsuit filed on behalf of three Delaware County, Pennsylvania voters against the Delaware County Board of Elections challenging the board’s decision to not count provisional ballots cast in the May 16, 2023 municipal primary election. The lawsuit alleges that the Delaware County Board of Elections disenfranchised voters who voted using provisional ballots after the board canceled their mail-in ballots “because of purported defects on the outer envelope or a missing inner secrecy envelope.” The plaintiffs assert that they did not complete Delaware County’s “unique ‘cure’ process” — a process which they allege is not required by Pennsylvania election law — to remedy their defective mail-in ballots; instead, they went to their polling place to complete provisional ballots (as advised by the Pennsylvania Department of State) when they learned that their mail-in ballots were canceled. The plaintiffs argue that the board’s policy of not counting provisional ballots violates Pennsylvania election law and the Pennsylvania Constitution. The plaintiffs request that the court order the board to count their provisional ballots.
On Sept. 21, the court ruled that the plaintiffs’ provisional ballots should be counted.