State of Pennsylvania

Pennsylvania Montgomery County Provisional Ballot Envelope Error Challenge 

DSCC v. Montgomery County Board of Elections

Lawsuit filed by the Democratic Senatorial Campaign Committee (DSCC) and Bob Casey for Senate challenging the Philadelphia County Board of Elections’ decision to not count 188 provisional ballots cast in the 2024 general election that 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 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 188 provisional ballots. 

RESULT: On Nov. 22, 2024, the Democratic plaintiffs’ voluntarily dismissed their complaint. The challenged ballots will remain uncounted in the Nov. 2024 general election results.

Case Documents

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