Pennsylvania Luzerne County Provisional Ballot Canvassing Challenge

Petition filed by GOP incumbent and candidate for Pennsylvania’s 117th House District, Mike Cabell, against the Luzerne County Board of Election challenging the board’s decision regarding two provisional ballots cast in the April 2024 Republican primary election. After the primary election, the board reviewed dozens of provisional ballots to determine whether or not they would be counted. Cabell alleges that the board wrongly accepted a provisional ballot that was partially executed and not properly signed by the voter. Cabell also claims the board wrongly rejected one voter’s provisional ballot because the individual was still registered to vote in another county. Cabell claims the board’s decision violates the Pennsylvania Election Code and asks the court to require the board to count the rejected provisional ballot and disqualify the partially executed provisional ballot.

On May 15, 2024, the trial court denied Cabell’s petition. On July 1, the Pennsylvania Commonwealth Court reversed the trial court’s decision, meaning the partially executed ballot would be excluded, while the other contested ballot could be counted. 

Following the ruling, Cabell’s opponent — Jamie Walsh — appealed to the Pennsylvania Supreme Court, which agreed to take up the case for review on July 24.  

STATUS: An appeal is ongoing in the Pennsylvania Supreme Court. Walsh remains the winner of the Republican primary election for the 117th House District. 

Last updated: August 12, 2024 3:54 pm EST