U.S. Supreme Court Allows Pennsylvanians to Correct Some Ballots

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.