Center for Coalfield Justice v. Washington County Board of Elections

Pennsylvania Supreme Court held a county election board policy that provided no notice to voters whose mail-in ballots were disqualified for errors and gave the misimpression they could not vote by provisional ballot violated voters’ procedural due process rights. Under the policy, instituted by the Washington County election board before the 2024 primary elections, all mail-in ballots received into the statewide system were entered as simply “returned,” meaning voters whose ballots were disqualified received no notification that their vote wouldn’t count, leaving them unable to know to cast a provisional ballot. The board also affirmatively misinformed these electors that they were no longer permitted to vote at their polling place, when the disqualification would have entitled them to vote provisionally. In finding a procedural due process violation, the state high court recognized a general liberty interest in voting, stemming from the state constitution’s “free and equal” elections and “qualifications of elections” clauses, and a specific liberty interest in voting provisionally, flowing from the state Election Code. To satisfy due process, the court held, the board was required to provide accurate notice to voters when it set aside their mail ballots for disqualifying errors.