Voters Can Cast Provisional Ballots If Their Mail Ballots Are Rejected: PA Court

State law does not prevent election officials from counting provisional ballots from voters whose mail-in ballots were rejected, a Pennsylvania court ruled on Sept. 5. Two Commonwealth Court judges said election law “does not prohibit counting electors’ provisional ballots,” deciding in favor of two voters in Butler County. Faith Genser and Frank Matis voted by mail in the 2024 primary election, but their votes were rejected. Genser and Matis then cast provisional ballots in person, but county officials also did not count those ballots. In their lawsuit, the voters said their provisional ballots should have been counted. They pointed to state law that says a voter who requests a mail-in ballot and who is not shown on a district register as having voted can vote by provisional ballot....