Protecting All Americans From Illegal Voter Purges and Wrongful Voter Challenges

Washington, D.C. — Pennsylvania counties will count in-person provisional ballots cast by voters who submitted “naked” mail-in ballots without a secrecy envelope following the U.S. Supreme Court declining to issue a stay blocking an earlier decision by the Supreme Court of Pennsylvania.  

The decision successfully ensures that voters in Pennsylvania who submit a “naked ballot” — a mail-in ballot that is not placed in a secrecy envelope — will not be unanimously denied their freedom to vote on Election Day.  

“Small errors should not stand in the way of American citizens looking to make their voices heard on Election Day,” said Paul Smith, senior vice president of Campaign Legal Center. "We applaud this decision that will ensure Pennsylvanians have the opportunity to exercise their freedom to vote even if they make a small mistake. Our democracy is strongest when every voter has the opportunity to participate.”

Background:

Pennsylvania requires that all mail-in ballots are first placed in a secrecy envelope before submitting. Under the state’s law, ballots submitted without a secrecy envelope are considered “naked ballots” and are subsequently invalid. While some local election boards previously refused to provide provisional ballots for those seeking to recast a disqualified vote, the Pennsylvania Commonwealth Court ruled that voters must have access to one at their polling place. The Pennsylvania Supreme Court subsequently agreed.

Partisan actors appealed this ruling in an attempt to subvert the will of the voters, however, the Supreme Court ruled that voters who cast a "naked ballot" can still vote with a provisional ballot and their vote will be counted. 

WASHINGTON, D.C. — Today, along with 6 partners, Campaign Legal Center (CLC) submitted a letter to the campaigns and transition teams of the major party presidential candidates competing in 2024. The letter calls for the next President of the United States, whoever that may be, to make strengthening executive branch ethics a top priority in their administration. 

Despite the immense power that members of the executive branch have in impacting the lives of the American people, there are shockingly few mechanisms in place to ensure these senior-level government officials are held to high ethical standards, which is essential for public trust. 

The reforms that this group of cross-partisan organizations want to see from the next U.S. president include the creation of an enforceable ethics code for the presidential transition team, the strongest ethics pledge to date to guide the work of senior-level executive branch and federal agency officials and an ethics czar to oversee and enforce the incoming administration’s new ethics program. 

“Voters have a right to know that both the elected and appointed officials serving in the executive branch of our federal government are doing so in ways that serve the public first and foremost,” said Kedric Payne, Vice President, General Counsel, and Senior Director of Ethics at Campaign Legal Center (CLC). “The status quo, for administrations from both major parties, has been one of poor enforcement, which has been detrimental to public trust. The next administration must champion reforms aimed at strengthening executive branch ethics because transparency and accountability are essential to our nation’s democratic institutions.”

"The Office of the Presidency is a profound public trust. Americans deserve a President who will commit to the highest standards of conduct,” said Gregg Nunziata, Executive Director of the Society for the Rule of Law. “Especially in these sharply divided times, citizens across the ideological spectrum must unite to demand leadership that upholds the rule of law and strengthens our democratic institutions."

"In a moment of historic mistrust in government it just makes sense for the incoming administration to prioritize anti-corruption and democracy reform,” said Lisa Gilbert, Co-President at Public Citizen. “The executive branch has a unique role to play to show regular Americans that ethical government is a core value. We hope and expect to see true leadership on the subject by our next President.”  

"The future of our democracy, and our democratic institutions, will rely on the next president's implementation of a strong ethics pledge that will bring accountability to the executive branch, and serve as a model for ethical conduct in public service," said Virginia Canter, Chief Ethics Counsel at Citizens for Responsibility and Ethics in Washington (CREW). "The failure to establish an ethics pledge that is both transparent and enforceable will further decay public trust in our government. By establishing a binding ethics regime and appointing an ethics czar, the next president will demonstrate a commitment to making government officials more accountable to the public they serve."   

“No matter who the next president is, all Americans deserve to have faith and confidence that any administration is prioritizing ethics and accountability in our government,” said Virginia Kase Solomón, President and CEO of Common Cause. “The reforms we propose here would greatly help improve public trust in government, and we urge candidates from both parties to adopt these commonsense steps.” 

“High ethical standards and effective mechanisms for enforcing those standards are essential to the integrity of government,” said Dylan Hedtler-Gaudette, Director of Government Affairs at the Project On Government Oversight (POGO). “The American people have an extraordinarily dim view of the federal government in general. Much of that distrust is based on a perception that corruption and self-dealing are pervasive among public officials. While this is true at times and less so at others, the negative consequences of that public sentiment are all too real. Whether the incoming administration is helmed by a Democrat or a Republican, ethics and integrity should be a top priority. POGO is glad to join this group of organizations in calling on both major party nominees to make ethics and high standards of conduct a centerpiece of their potential administration.” 

"Americans deserve to have confidence that members of the executive branch are working for the people, not personal gain," said Nick Penniman, Founder and CEO of Issue One. "Without rigorous oversight and the highest ethical standards, accountability falters, and public trust erodes. Regardless of who takes the presidential oath next January, the next president has a duty to guard against corruption and uphold the trust placed in our nation's highest office."