A Pennsylvania judge has ruled that voters and election officials cannot cure or count mail-in ballots that are returned without the required secrecy envelope, often referred to as “naked ballots.”

In a decisive ruling, Judge S. Michael Yeager of the Butler County Court of Common Pleas dismissed a petition seeking to challenge the Butler County Board of Elections’ rejection of mail-in ballots that lacked the required secrecy envelopes—often referred to as ‘naked’ ballots.

The case arose when two Butler County residents, Faith A. Genser and Frank P. Matis, both failed to include the mandatory secrecy envelopes when submitting their mail-in ballots for the April 23, 2024, primary election.

Despite being informed of their ballots’ rejection due to this omission, both voters proceeded to cast provisional ballots on Election Day, hoping to have their votes counted.

However, the Butler County Board of Elections, adhering to Pennsylvania’s strict election guidelines, rejected these provisional ballots, leading to the court case filed by ACLU Pennsylvania.

The court found that the Butler County Board of Elections acted within its legal rights when it rejected provisional ballots submitted without the necessary secrecy envelopes.

According to the ruling, these “naked” ballots do not meet the statutory requirements set forth in Pennsylvania’s Election Code, which mandates that all mail-in ballots must be completed, placed in a secrecy envelope, and then enclosed in a Declaration Envelope before submission.

The judge emphasized that allowing such ballots to be counted would undermine the very foundation of secure and fair elections. By failing to comply with these regulations, voters risk disenfranchising themselves and compromising the integrity of the electoral process.

According to the conclusion:

The court is not unsympathetic to the Petitioners. Unlike many other qualified electors, Petitioners endeavored to exercise their right to vote so as to participate as fully as possible in their governance.

The court understands their frustration, and additionally, that of persons who deposit their ballot into the mail only to return home to find the secrecy envelope on a table, yet, despite knowing with certainty their secrecy envelope was not included in their return, may do nothing to have their vote counted in the election.

However, as stated by the Court in Boockvar, this is a task for the legislature, not the courts, given the attendant issues that must be addressed. The court would urge the legislature to consider the situation of the Petitioners, to develop and implement a procedure for those who return defective ballots to correct same to ensure as full participation as possible in the voting franchise.

However, the actions of the Board in adopting a narrow cure policy that applies in such a way as to uphold voting deadlines and ensure secrecy in voting is maintained, but that allows electors the greatest possible chance of having their vote counted, does not violate either the Election Code or the Free and Equal clause of the Pennsylvania Constitution.

Via Behizy:

BREAKING: A Pennsylvania judge just ruled that voters and election officials CANNOT cure or count defective mail-in ballots that are missing secrecy envelopes, also known as “naked ballots”

The court said, “It is the voter’s burden to ensure they have completed the steps… pic.twitter.com/SJ9rAsjjyw

— George (@BehizyTweets) August 19, 2024

You can read the full ruling here.