Washington County Board of Elections v. Center for Coalfield Justice

Public Rights Project — on behalf of county commissioners from east, west and central Pennsylvania — filed an amicus brief in Center for Coalfield Justice, et al. v. Washington County Board of Elections. It urges the state’s Supreme Court to uphold the Commonwealth Court’s order that voters be notified if their mail-in ballot will be disqualified for an error and given an opportunity to correct the mistake.

The brief relates to the 2024 primary in Washington County. Election officials didn’t notify voters who submitted mail-in ballots with disqualifying errors. They also refused to disclose the status of ballots when voters called to confirm it was received, even after the ballots had been segregated for disqualification.

Each signatory to the brief is each the longest-serving member of their respective election board and has first-hand knowledge on how mail-in ballots are processed. The brief argues that election officials are equipped to manage the review and segregation of ballots in a timely manner, especially after the widespread adoption of mail-in ballots over the past five years in Pennsylvania. The signatories also agree with the Commonwealth Court’s rejection of the idea that reviewing ballots to notify voters is illegal. The process requires only a quick review of an outer envelope to identify errors and many counties already follow notice procedures that comply with the court’s order.

Finally, the brief argues that by not giving voters an opportunity to fix an error, those who use mail-in ballots are treated unfairly and disenfranchised.

Update:

On Sept. 26, 2025, the court ruled that Pennsylvania counties must use the automated state system that notifies voters about mail-in ballot errors.

This decision, along with the 2024 Genser v. Butler County decision (a case where we submitted a supporting brief), confirms two key rights for Pennsylvania voters:

• The right to be notified if their mail-in ballot will be rejected due to a minor mistake.
• The right to cast a provisional ballot on Election Day.

The court specifically cited our coalition’s brief and stated that many counties already notify voters about mail-in ballot errors. The ruling ensures that voters’ rights — even when voting by mail — are protected. This decision sets a strong precedent for voter access and against disenfranchisement.

Read the decision.