Pennsylvania Appeals Court: Images of Mail-In Ballots Are Public Records
An appeals court in Pennsylvania has handed down a decision that will likely be welcomed by supporters of election transparency.
The Commonwealth Court of Pennsylvania ruled that a lower court had made a mistake when it determined that images of absentee and mail-in ballots were exempt from public access under Section 308 of the Election Code. This section states that certain election materials can be disclosed to the public, but excludes “the contents of ballot boxes and voting machines and records of assisted voters.”
In its decision, the appeals court clarified that the lower court had overlooked additional parts of the state’s election code that classify images of absentee and mail-in ballots as public records.
According to Democracy Docket, the court noted that digital “images of cast absentee and mail-in ballots cannot be considered the contents of voting machines.” However, this rule does not extend to ballots completed in person.
The case originated in August 2022, when Pennsylvania voter Michelle Previte requested records from the Erie County Board of Elections concerning the 2020 general election. Her requests included electronic copies of mail-in ballot images and the outer envelopes. In September, the board denied her request, citing Section 308.
Previte appealed to the Office of Open Records, which partly upheld the board’s decision but reversed the denial related to the images of mail-in ballots and outer envelopes. The board then appealed to the Common Pleas Court, which ruled against Previte, holding that the images were exempt from disclosure as they were considered contents of voting machines.
In the latest ruling, the appeals court identified a conflict between Section 308 and two other provisions that make “official mail-in ballots, files, applications for ballots and (complete) envelopes” public records, along with official absentee ballots. The court ruled that these provisions serve as “exceptions” to Section 308.
In a related development, the U.S. Court of Appeals for the Third Circuit made a significant ruling in May regarding absentee ballot procedures in Pennsylvania, strengthening election integrity standards.
The court declined a request for a full-court review of an earlier ruling that upheld the requirement for absentee ballots to be submitted by a specific date, with a strong 9 to 4 majority in favor. This ruling reinforces the rejection of absentee ballots submitted after the deadline, a victory for proponents of strict election laws.
Voter advocacy groups, including the League of Women Voters of Pennsylvania and the NAACP’s Pennsylvania State Conference, had challenged the rejection of improperly dated absentee ballots. However, the court upheld the necessity of a postmark or voter signature and date on the envelope to ensure the ballot’s legality.
Judge Ambro noted that while the date requirement may seem to have little practical value, the Pennsylvania Supreme Court has determined that the envelope must be dated, making undated or misdated ballots invalid under state law.
Following the decision, Pennsylvania’s absentee ballot laws are now in line with those of other states.