State of Pennsylvania

Pennsylvania Delaware County Provisional Ballot Signature and Envelope Error Challenge

DSCC v. Delaware County Board of Elections

Lawsuit filed by the Democratic Senatorial Campaign Committee (DSCC) and Bob Casey for Senate challenging the Delaware County Board of Elections’ decision to not count 88 provisional ballots cast in the 2024 general election that were either missing an outer envelope signature or were not enclosed in a secrecy envelope. The Democratic plaintiffs allege that the otherwise valid provisional ballots were disqualified solely based on flaws that were the direct result of inaccurate poll worker instructions, thereby violating voters’ due process rights as well as the federal Help America Vote Act. The lawsuit asserts that because voters who wish to cast a provisional ballot must first sign an affidavit on the outermost envelope, they should not be disenfranchised for failing to sign a duplicative second signature on the provisional ballot envelope. As to provisional ballots missing inner secrecy envelopes, the lawsuit argues that there is strong indication that poll workers did not provide voters with these envelopes or failed to adequately instruct voters on their use. The plaintiffs ask the court to reverse the county board’s decision to disqualify the 88 provisional ballots. 

The Democratic plaintiffs filed their complaint on Nov. 18, 2024. A hearing took place on Nov. 20, 2024.

RESULT: On Nov. 21, 2024, the court denied the Democratic plaintiffs’ petition. The challenged provisional ballots will not be counted.

Case Documents

Last updated: