State of Pennsylvania

Pennsylvania Erie County Undelivered Mail-In Ballots Challenge

Pennsylvania Democratic Party v. Erie County Board of Elections

Lawsuit filed by the Pennsylvania Democratic Party (PDP) against the Erie County Board of Elections challenging the boards’ failure to send ballots to an estimated 10,000 to 20,000 voters who plan to vote by mail for the 2024 general election. Under state law, the county board of elections was required to deliver mail-in ballots to voters who requested them at least two weeks before Election Day. 

The plaintiff claims that as of Oct. 28, eight days before the election, only 52% of all mail-ballots in Erie County have been returned and almost 20,000 mail-in ballots remain unaccounted for, with the U.S. Postal Service having no record of 1,800 of these ballots and at least 315 voters receiving incorrect ones. On Oct. 28, the county board of elections issued guidance directing voters who had not yet received their mail-in ballots to submit a request canceling their mail-in ballots and asking for new ones to be sent via priority express mail. 

The plaintiff argues this response is insufficient and threatens to disenfranchise a large number of voters because it gave those affected only one day before the state’s Oct. 29 deadline to request a new mail-in ballot. Additionally, PDP argues these voters would be unlikely to receive new ballots in time to meet the Postal Service’s recommended deadline for returning mail-in ballots, Oct. 30. 

The plaintiff asks the court to order the county board of elections to release a list of all the voters who received incorrect ballots and if they have already returned their ballots, allow their votes for all the correct races to be counted. For voters who have still not received a ballot, the plaintiff asks the court to release a list of their names and set up a process for them to either request new mail-in ballots until Nov. 1 or to vote in person on Election Day.

STATUS: The plaintiff filed its complaint on Oct. 30, 2024. On Nov. 1, the court granted the plaintiffs’ motion for a preliminary injunction.

Case Documents

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