Pennsylvania can’t reject improperly dated ballots, federal court rules | Carter Walker/Votebeat

Pennsylvania counties can’t reject a voter’s mail ballot solely because they forgot to put the date on the return envelope or put a wrong date on it, a federal judge wrote Monday in a ruling that likely applies to the upcoming primary. The ruling is the latest — and likely not the last — in a long-running legal battle over enforcing the date requirement that has bounced around state and federal courts. U.S. District Judge Susan Baxter of the Western District of Pennsylvania ruled Monday that rejecting mail ballots for issues with the date on the outer envelope violates voters’ First Amendment rights, since voting is considered an expression of free speech. Misdated mail ballots are ones where a voter writes a date on the envelope that is outside of the range between when the county can first send the ballot and the day of the election. Read Article

Pennsylvania’s top election official warns against election security support cuts | Carter Walker/Spotlight PA

Pennsylvania’s top election official is warning the federal government that its decision to end a program that helps monitor and prepare for election threats will “make elections less secure.” In a letter to U.S. Homeland Security Secretary Kristi Noem, first obtained by Votebeat and Spotlight PA, Secretary of the Commonwealth Al Schmidt noted the risks of withdrawing support for local election officials provided by the U.S. Cybersecurity and Infrastructure Security Agency. “I have seen firsthand how CISA’s work has helped prevent and address security incidents, and I worry about the serious consequences of removing this support for our local elections officials without an adequate substitute,” Schmidt wrote. Read Article

Pennsylvania court rulings on records requests raise concern about ballot secrecy | Carter Walker/Votebeat

Recent decisions from a Pennsylvania state court could create a new route to pierce the secrecy of some mail ballots and reveal the private choices made by thousands of voters. While a very small percentage of cast ballots would be at risk, according to a pair of analyses, some state and county officials are concerned about the potential for any voter’s choices to be exposed. In two cases last year, the Commonwealth Court ruled that voted mail ballots were public records under the state’s open-records laws, meaning Erie and Allegheny counties, where the records requests were filed, would have to release them. Read Article

Pennsylvania signs new contract to upgrade SURE voter registration system | Carter Walker/Votebeat

The Pennsylvania Department of State said Wednesday that it signed a new $10.6 million contract with Louisiana-based technology company Civix to upgrade the Statewide Uniform Registry of Electors, or SURE, and integrate it with other state-run election systems. The SURE system is a statewide database used by counties to register voters and maintain their records, print poll books, process mail ballot applications, and carry out many of the functions necessary to run elections. The contract calls for Civix to integrate the functions of the SURE system with the state’s election night reporting, campaign finance, and lobbying disclosure systems, creating a system that the department called a “one-stop-shop elections administration experience.” Read Article

Pennsylvania to update SURE election and voter registration system | Jordan Wilkie/WITF

The Department of State has selected a contractor to update the state’s 22-year-old voter registration system. Over the next three years, a technology company called Civix will modernize Pennsylvania’s voter registration, election-night reporting, lobbying disclosure and campaign finance systems. SURE and systems like it are already doing far more than they were originally designed to do back in 2002, when Congress passed the Help America Vote Act, requiring states to have unified voter registration systems. “When HAVA initially required voter registration databases, they really were just lists of registered voters,” said Megan Maier, deputy director of research and partnerships at the election technology nonprofit Verified Voting. The system was not designed to handle the over 1.8 million mail-in ballots Pennsylvania voters returned in the 2024 general election, for example. Read Article

Pennsylvania: Less secure elections, higher costs for counties: How Donald Trump’s cuts to security agencies would affect Pennsylvanians | Jordan Wilkie/WITF

Pennsylvania’s top elections agency hopes the Trump administration will see how valuable CISA’s elections work is to local jurisdictions and will continue to fund it, Jonathan Marks, deputy secretary for elections and commissions under Schmidt, told the senators on Thursday. “CISA were very valuable to our state and to other states,” Secretary of State Al Schmidt told Pennsylvania senators during an appropriations hearing Thursday. “They have a national and global perspective when it comes to cyber security risks and all the rest that each individual state can’t do on its own.” Now, Schmidt is waiting to learn whether the federal agency will be shuttered. The work of CISA’s Elections Security and Resilience Division has been paused by the Trump administration at least until early March pending a review of the agency’s work. Read Article

Pennsylvania needs a new voter registration system before 2028, secretary of state says | Chris Comisac/Pittsburgh Post-Gazette

Pennsylvania has wanted to upgrade its aging voter registration system for several years, but there have been stumbles. Legislators were told earlier this week that an updated system is needed before the next presidential election in 2028. The process to update Pennsylvania’s Statewide Uniform Registry of Electors, known as SURE, was started in 2019 after it was determined the system, created in 2003, was substantially outdated. The system is used by election officials to add, remove or update the status of every voter in the commonwealth. The data in the system is constantly updated at the county level to ensure the voter rolls are accurate. Read Article

Pennsylvania Secretary of State says Pa. should replace its system for ‘early voting’ | Ford Turner/Pittsburgh Post-Gazette

The state’s top elections official on Thursday revisited one of the few headaches Pennsylvania had running the 2024 election — lots of people showing up before Election Day to do mail ballots in person — and said the system should be changed. Secretary of State Al Schmidt said it wasn’t true “early voting,” even though some people may have called it that. During a Senate budget hearing, Mr. Schmidt said other states carry out genuine early voting in less clunky fashion. “It really has put an incredible strain on our system at the county level,” Mr. Schmidt told lawmakers on the Senate Appropriations Committee. County-level election staffers “spend the entire day processing in-person applications” and their other duties are neglected, he said. Read Article

Pennsylvania: It’s not illegal — and not uncommon – for voters to be registered in two states | Carter Walker/Votebeat

A conservative activist is claiming that Pennsylvania has “tens of thousands” of voters improperly registered, but state officials say he’s misrepresenting a normal, legal part of the voter registration system. The commonwealth regularly cleans its voter rolls to eliminate names of people who have moved out of the state or otherwise become ineligible. This process isn’t immediate. It can take several years, as counties are required to send voters notices to make sure they’re not improperly disenfranchised. All of this is regulated by federal and state law. But that hasn’t stopped Scott Presler from using these routine lags to suggest that something is wrong with voter registrations, Democratic ones in particular. Read Article

Pennsylvania: Fixing mail ballots cuts rejections. Not all counties allow it. | Carter Walker/Spotlight PA

Counties that allow mail voters to fix errors that could otherwise get their ballots disqualified rejected fewer ballots during the 2024 general election, a Votebeat and Spotlight PA analysis has found. Overall, just 0.57% of mail ballots statewide were rejected due to voter errors, such as an improper date, a missing signature on the return envelope, or failure to use the ballot secrecy envelope. That’s less than half the rejection rates of 1.22% in the primary election and 1.31% in the 2022 general election. However, according to the analysis, the rate was even lower in counties that allow voters to fix, or “cure,” their mail ballots — just 0.49% in those counties were rejected for technical deficiencies on average, compared with 0.59% in counties where curing isn’t allowed. The numbers mean 17% fewer voters had their ballots rejected in the curing counties. Read Article

Pennsylvania: Efforts to replace outdated, glitchy voter registration system are months behind schedule | Carter Walker/Spotlight PA

More than a year after the Pennsylvania Department of State canceled a contract to upgrade the state’s voter registration system, there’s still no replacement contract in place. The state has been trying since 2019 to upgrade the Statewide Uniform Registry of Electors, or SURE, a database of the state’s voters that was built in the early 2000s and still undergirds many of the functions of running elections. Local election officials complain that the system is outdated, has a tendency to crash, and requires complex workarounds for some processes. State officials had hoped to have a replacement contract for the upgrade in place months ago, but have not said what is holding it up. Read Article

Pennsylvania legislative preview: Will election law changes finally pass? | Carter Walker/Votebeat

Pennsylvania lawmakers beginning their new legislative session this month are preparing to debate what changes, if any, should be made to the way the state’s elections are run. Once again, Republicans are planning to champion expanded voter ID requirements, while Democrats want to answer county calls for more time to process mail ballots and implement early voting. Their discussions will follow a highly scrutinized presidential election that ran smoothly compared with the 2020 contest, when counties were slow to produce unofficial results and faced a barrage of fraud claims. Read Article

Pennsylvania court sides with state over Fulton County’s handling of voting machines after 2020 election | Mark Scolforo/Associated Press

A Pennsylvania court on Tuesday ruled 6-1 that the secretary of state has the authority to direct counties not to allow “unauthorized third party access” to voting machines or risk having those machines decertified and unable to be deployed for elections. The Commonwealth Court said the Department of State does not have to reimburse counties when they decertify machines, a defeat for Fulton County in a dispute that arose after two Republican county commissioners permitted Wake Technology Services Inc. to examine and obtain data from Dominion voting machines in 2021. That led the state elections agency to issue a directive against such third-party access based on concerns it could compromise security. Fulton’s machines were decertified as a result of the Wake TSI examination and the secretary of state was sued by the county as well as Republican county commissioners Randy Bunch and Stuart Ulsh. Read Article

Pennsylvania: Five years after changes in election laws, workers still waiting for small fixes to big problems | Tom Shortell/Lehigh Valley News

Pennsylvania’s 2024 election operated like a well-oiled machine this year with no major delays or snafus, but Lehigh County’s top election official warned there’s still trouble under the hood. For years, state and county officials have requested tweaks to Pennsylvania’s election code: more time to pre-canvass mail-in ballots and an earlier voter registration deadline. Other requests, such as a more robust form of early, in-person voting, have cropped up since. But thanks in part to political gridlock and the politicization of elections, none of the changes have gone on the books. Read Article

Pennsylvania investigations into suspicious voter registration forms yield no charges yet | Carter Walker/Votebeat

Investigations by five Pennsylvania counties into the submission of suspicious voter registration forms haven’t resulted in any charges yet, and three of the counties aren’t releasing details about the progress of their inquiries. Votebeat and Spotlight PA followed up with the five counties — Lancaster, Monroe, Lehigh, Berks, and York — that announced investigations before Election Day into what they described then as hundreds of potentially fraudulent voter registration forms dropped off near the Oct. 21 deadline. There is no evidence in any of the counties that the forms under scrutiny resulted in any ineligible voters casting a ballot. Officials emphasized that the suspicious applications were not processed. Read Article

Pennsylvania Senator Bob Casey concedes race against Dave McCormick amid recount | Julia Terruso and Katie Bernard/The Philadelphia Inquirer

U.S. Sen. Bob Casey (D., Pa.) conceded to Republican Dave McCormick on Thursday, formally ending his reelection bid and acknowledging defeat two weeks after the Associated Press declared McCormick’s victory and after a statewide recount of the race had been triggered. Casey had resisted conceding, citing thousands of votes that still needed to be counted and entering court fights to maximize the number of ballots included. But as final ballots were adjudicated Thursday, Casey’s roughly 16,500-vote deficit was too large to overcome and so large that a recount would not affect it. “I want to thank the people of Pennsylvania for granting me the privilege of serving them for 28 consecutive years in public office as auditor general, state treasurer, and United States senator,” Casey said. “Every day I served in public office, I’ve fought for Pennsylvania workers, children, seniors, people with disabilities, and our veterans. … It has been the honor of my lifetime.” Read Article

Pennsylvania: How Casey-McCormick Senate recount will work | Carter Walker/Votebeat

The race for the U.S. Senate seat in Pennsylvania is officially heading to a recount. On Wednesday, Secretary of the Commonwealth Al Schmidt ordered Pennsylvania’s 67 counties to conduct a recount under a provision of the state election code that requires one when the margin of a statewide race is within 0.5%. With Republican Dave McCormick receiving 3,380,310 votes to incumbent Democratic Sen. Bob Casey’s 3,350,972 votes as of noon Wednesday, the two candidates were separated by just 0.43%. Read Article

Pennsylvania: Small ballot errors, security procedures led to Election Day mishap in Cambria County | David Hurst/The Tribune-Democrat

Set between blocks of computer “timing” code, seven tiny numbers line the left-hand margin of the Election Day ballots that Cambria County eventually started scanning to add up results Nov. 5. They were identical to the precinct “test ballots” the county tested in early October, Cambria County Solicitor Ron Repak Jr. said. The ones that failed to scan Election Day morning were missing those numbers. Cambria County officials acknowledged their own security procedure likely prevented the issue from being flagged sooner. After running their test ballots through the scanning machines in early October, election officials sealed up the electronic scanning devices to prevent anyone from tampering with the machines. The official Election Day ballots that arrived afterward – believed to be identical – sat untested in the weeks prior to Nov. 5, Repak and Cambria County President Commissioner Scott Hunt said. Read Article

Pennsylvania counties counted mail ballots faster this year than in 2020 | Carter Walker/Votebeat

Mail ballots in Pennsylvania were counted much faster in this year’s election than in 2020. By 3 a.m. Wednesday, 54 of Pennsylvania’s 67 counties had counted 90% or more of their mail ballots, according to data released by the state. By roughly 5 p.m., 97% of the state’s mail ballots had been counted. In 2020, mail ballot counting went on for several days, preventing media organizations from declaring a winner in the state until the Saturday after the election. That year, the state had roughly 700,000 mail ballots or 35% more than this year. In the years since 2020, counties have grown more experienced with handling large volumes of mail ballots, and have purchased better, faster equipment, which in combination has enabled counties to process ballots more efficiently. That combination “has a big impact,” said Al Schmidt, Secretary of the Commonwealth. “It’s still a big lift, and I think that’s something that’s not considered when people shrug off the idea of more ballot pre-canvassing.” Read Article

Pennsylvania: Activists are challenging the eligibility of hundreds of voters in Philadelphia’s suburbs. Experts say the effort is legally baseless. | Jeremy Roebuck and Katie Bernard/The Philadelphia Inquirer

In what appears to be an organized effort, right-leaning activists have challenged the mail ballot applications of hundreds of voters in the Philadelphia suburbs in recent days, claiming their targets no longer live at the addresses where they are registered to vote. But voting rights advocates broadly dismiss the effort as baseless, legally invalid, and born of a misunderstanding of government data. While they predict most of the challenges will be swiftly rejected, they say the campaign is yet another instance of a loose network of right-wing organizers billing themselves as “election integrity” advocates sowing confusion about state voting laws and creating headaches for elections administrators already bombarded by misinformation surrounding the voting process. Read Article

Pennsylvania Supreme Court Allows Provisional Votes After Mail Ballot Rejections | /Simon J. LevienThe New York Times

The Pennsylvania Supreme Court ruled on Wednesday that voters who submit mail-in ballots that are rejected for not following procedural directions can still cast provisional ballots. The decision is likely to affect thousands of mail-in ballots among the millions that will be cast in Pennsylvania, the swing state that holds the most electoral votes and is set to be the most consequential in the presidential election. The court ruled 4 to 3 that the Butler County board of elections must count provisional ballots cast by several voters whose mail-in ballots were rejected for lacking mandatory secrecy envelopes. Read Article

Pennsylvania: Election officials brace for misinformation, lawsuits | Katie Bernard, Julia Terruso and Jeremy Roebuck/The Philadelphia Inquirer

Elections officials across Pennsylvania are hopeful the 2024 presidential race won’t be a repeat of the chaos of 2020 — marked by a days-long wait for results, a deluge of misinformation, and baseless court challenges that dragged on for weeks. But even as they say they’re better prepared this year to handle the problems from four years ago, many are bracing for another tight race that could breed new areas of confusion and uncertainty amid an intensifying culture of election denialism if the nation once again waits on Pennsylvania to know who the next president will be. “The longer it takes to decide who the winner is, the more opportunity there is for unrest,” said Neil Makhija, chair of the Montgomery County Election Board. Read Article

Pennsylvania: Republicans challenge legitimacy of overseas votes, including military | Colby Itkowitz and Amy Gardner/The Washington Post

Republican congressmen from Pennsylvania have filed a federal lawsuit seeking stricter scrutiny of votes cast by U.S. citizens living abroad, reflecting a new GOP strategy to challenge the eligibility of a group of voters that includes overseas military personnel. The lawmakers claim in the suit, which was filed this week, that because local election officials in Pennsylvania are not required to verify the identity or eligibility of voters who register overseas, those ballots are vulnerable to fraud. They have asked a federal judge to require officials to set aside completed ballots and not count them until voter eligibility can be determined. The lawsuit is notable for targeting a group of voters long thought to favor Republicans because of the prevalence of military personnel stationed overseas, but that is now seen as more evenly divided or even leaning Democratic. The suit adds to a long list of Republican-backed litigation around the country with just weeks to go before the Nov. 5 election, with much of it aimed at disqualifying mail-in votes or removing ineligible voters from rolls. Read Article

Pennsylvania mail ballot dating issue may be bound for U.S. Supreme Court | Carter Walker/Votebeat

The American Civil Liberties Union of Pennsylvania is asking the U.S. Supreme Court to decide whether requiring voters to date their mail ballot return envelopes violates federal law. The group filed its petition Friday on behalf of the Pennsylvania branch of the NAACP. It follows a separate request from voting rights groups this week to Pennsylvania’s highest court for an expedited ruling on the date requirement. “The right to vote is one of the most important in this country,” said Janette Wallace, general counsel of the NAACP. “Ballots should not be rejected because of irrelevant errors. We will continue to fight so that voters’ voices may be heard. That’s why we’re taking this to the Supreme Court.” Read Article

Pennsylvania court says county should have warned voters before rejecting their mail ballots | Carter Walker/Votebeat

A Western Pennsylvania county that rejected hundreds of mail ballots in the April primary should have notified voters beforehand, a state appellate court ruled Tuesday. The ruling could add pressure on other counties to notify voters of errors with their mail ballots for the November election. In a 2-1 decision, a panel of the Commonwealth Court agreed with a lower court judge that Washington County erred when it adopted a policy to reject mail ballots without telling voters and had a duty to inform them of their errors. “The current policy emasculates the Election Code’s guarantees by depriving voters … the opportunity to contest their disqualification or to avail themselves of the statutory failsafe of casting a provisional ballot,” Judge Michael Wojcik wrote for the majority. The decision applies to Washington County and does not set a statewide legal precedent, but county attorneys are likely to take note of the court’s opinion when advising their boards of elections about how to handle mail ballots with errors. Read Article

Pennsylvania: Republicans Try to Block Voters From Fixing Problems With Ballots | Maggie Astor and Neil Vigdor/The New York Times

The Republican National Committee and the Pennsylvania Republican Party are suing to try to stop election officials in the state from letting voters correct technical problems with their mail ballots. The Republican lawsuit, filed Wednesday in the Pennsylvania Supreme Court against Secretary of State Al Schmidt and the state’s 67 county election boards, would also stop voters from being able to cast a provisional ballot if their mail ballot is rejected over a technical problem. More than half of states allow curing for some types of errors, such as a missing signature or date on a ballot envelope, or a signature that doesn’t match the one election officials have on file for the voter. Former President Donald J. Trump railed against the process as he falsely alleged election fraud in 2020 and tried to overturn his loss, and it has been a point of contention since then in Pennsylvania and in other states. Read Article

Pennsylvania polling place lookup tool has errors that could stymie voters | Carter Walker/Votebeat

An official government online tool designed to help Pennsylvanians find their polling places is riddled with misspellings and other quirks that make it difficult for some voters to use. The errors — which users encounter when they search for their municipality and street name — affect as many as 85,000 of the state’s 8.9 million voters, a Votebeat and Spotlight PA analysis found. The Pennsylvania Department of State said counties enter their own address information into a centralized voter management system that powers the lookup tool, and it’s their responsibility to fix the problems. Read Article

Pennsylvania voters can cast a provisional ballot if their mail ballot is rejected, court says | Marc Levy/Associated Press

A court decided Thursday that voters in the presidential battleground of Pennsylvania can cast provisional ballots in place of mail-in ballots that are rejected for a garden-variety mistake they made when they returned it. Democrats typically outvote Republicans by mail by about 3-to-1 in Pennsylvania, and the decision by a state Commonwealth Court panel could mean that hundreds or thousands more votes are counted in November’s election, when the state is expected to play an outsized role in picking the next president. The three-member panel ruled that nothing in state law prevented Republican-controlled Butler County from counting two voters’ provisional ballots in the April 23 primary election, even if state law is ambiguous. Read Article

Pennsylvania: 2020 election deniers ordered to pay $1 million in voting machine dispute | Zachary Cohen/CNN

A Pennsylvania judge has determined that three 2020 election deniers must pay nearly $1 million in fees as the result of a years-long legal dispute with state officials over voting equipment used during the last presidential race, according to recent court filings. Recommendations from the judge, who was appointed to serve as a special master overseeing the case, attach a dollar figure to sanctions previously imposed by the state’s Supreme Court against two Republican county commissioners and their attorney for allowing an outside firm to examine voting equipment after the 2020 election – despite a court order prohibiting them to do so, according to the new filings. The case, which dates back to 2021, involves actions taken by two Fulton County, Pennsylvania, commissioners – Stuart Ulsh and Randy Bunch – who sought to have Dominion voting equipment examined by a third-party after the 2020 election. Many of former President Donald Trump’s allies falsely blamed Dominion’s software for his election defeat. Read Article

Pennsylvania Judge Rules Butler County Voters Cannot Cure ‘Naked’ Mail-in Ballots | Rachel Selzer/Democracy Docket

As a result of a ruling issued last Friday by a Pennsylvania judge, Butler County voters will not be able to cure defective mail-in ballots that are missing inner secrecy envelopes — also known as “naked ballots.” The ruling, which is expected to be appealed, upholds a prior decision from the Butler County Board of Elections refusing to allow two voters to cure their “naked” mail-in ballots cast in the state’s 2024 primary election. “It is the voter’s burden to ensure they have completed the steps necessary for their mail-in ballot to be included in the tabulation,” last week’s order reads. The judge added that it is the task of the Pennsylvania Legislature, not the court, to implement a new set of curing procedures to remedy defective mail-in ballots. Read Article