The Republican Party National Committee and the Pennsylvania Republican Party have filed a lawsuit to block county election officials from allowing voters to correct technical errors on their mail-in ballots. The lawsuit was filed Wednesday in the Pennsylvania Supreme Court against Secretary of State Al Schmidt and the state’s 67 county election boards.
The lawsuit seeks to prevent voters from casting provisional ballots in case their absentee ballots are rejected due to technical problems. It argues that state law prohibits election officials from informing voters of errors and allowing them to be corrected, a process known as “curing.”
In more than half of the US states, curing is permitted for certain types of errors, such as missing signatures or incorrect data on the envelope. Former President Donald J. Trump sharply criticized the process and falsely claimed electoral fraud in the 2020 election. Since then, curing has been controversial, especially in Pennsylvania and other swing states.
Democrats are more likely than Republicans to vote by mail, and Republicans have taken various measures to restrict mail-in voting, which they claim are designed to deter fraud. However, there is no evidence of significant voter fraud in mail-in or other forms of voting.
The lawsuit points out that different counties in Pennsylvania use different curing procedures, which violates the state constitution’s requirement for uniform election procedures. It also says that authorization of a curing process by the legislature is necessary because existing state law prohibits “checking” and “opening” mail-in ballots before Election Day.
The lawsuit also challenges two actions by state authorities: first, the instructions given to voters who can cast provisional ballots on Election Day if their mail-in ballot is defective, and second, the automated emails sent to voters whose mail-in ballots are marked as potentially defective to inform them of their right to cast a provisional ballot.
Provisional ballots are a default option for voters who cannot vote normally due to questions about eligibility. Eligibility is verified after the fact and the provisional ballot is counted if the voter is eligible.
The Pennsylvania Secretary of State’s office said it is reviewing the lawsuit. “Governor Shapiro’s administration supports giving voters the opportunity to fix technical deficiencies so their vote is counted,” said spokesman Matt Heckel. “We will continue to fight for every eligible citizen’s right to vote and have their voice heard.”
