We recently received two important rulings in cases where we are challenging practices that undermine voters' rights in Pennsylvania. 

The Washington County Court of Common Pleas ruled that the Pennsylvania Constitution requires the county board of elections to inform mail-in voters of any disqualifying errors on their mail-in ballot packets when those errors are detected by the board. The court found that the constitution requires the board to provide that notice before the voter irretrievably loses the right to vote. We brought the case alongside the ACLU of Pennsylvania and Dechert LLP on behalf of seven voters, the Center for Coalfield Justice, and the Washington Branch NAACP. 

"This decision is a win for fairness and transparency in our elections in Pennsylvania and ensures Washington County voters will have an opportunity to exercise their fundamental right to vote in November,” said our Legal Director Mimi McKenzie. “Boards of elections should be helping voters to ensure their ballots count, not playing gotcha to secretly disenfranchise their own citizens." 

The court ordered Washington County to, at minimum, enter accurate codes in a statewide voter database upon receiving a mail ballot with disqualifying errors, which triggers an email alert to voters, allows voters to check ballot status on a state website, and permits political parties and get-out-the vote groups to contact people and alert them that their mail ballots will not be counted. The court also ordered that Washington County’s poll books on Election Day must indicate if a voter’s mail ballot has been segregated for a disqualifying error and allow that person to cast a provisional ballot. 

In a separate case we filed in Butler County, a judge ruled against our clients and the Commonwealth Court is considering our appeal on an expedited basis. Alongside the ACLU of Pennsylvania and Dechert, we represent two voters who sued the county board of elections after it refused to count their provisional ballots, which they cast after they learned that they had forgotten the secrecy envelope as part of the mail ballot process in the 2024 primary election. The board of elections allowed voters who had made other minor errors on their mail ballots to correct those errors by submitting a provisional ballot. As our Legal Director Mimi McKenzie explained about this “disappointing” decision, “the provisional ballot process has existed for more than two decades for scenarios just like this, and the county has an obligation to utilize it.” 

We continue to await a ruling from Commonwealth Court in a case filed with the ACLU of Pennsylvania and Arnold & Porter on behalf of a statewide coalition of nonpartisan community organizations. The case targets the rule invalidating ballots when voters have not written the date on their mail ballot envelopes—a rule that serves no practical purpose and has led to the rejection of thousands of ballots each year, including 4,400 ballots in the April 2024 primary election. Our challenge is grounded in the Pennsylvania Constitution, which guarantees the right to "free and equal" elections. 

The recently passed Pennsylvania state budget includes significant provisions aimed at addressing the longstanding funding disparities in public education across the state. This development comes in the wake of the pivotal decision by the Commonwealth Court in our lawsuit, urging state officials to formulate a comprehensive plan to ensure all students receive a properly funded education.

Pennsylvania children have long awaited such a plan, and while challenges remain, there is newfound bipartisan agreement that an additional $4.5 billion is needed to adequately fund education, prioritizing communities most in need.

In a joint statement with our co-counsel at the Education Law Center, we noted that "the first step to solving a problem is admitting its existence.” State officials now recognize the substantial adequacy gap and have allocated critical funds this year. These funds are crucial for hiring essential educational personnel such as teachers, tutors, and counselors.

However, the journey to equitable education is far from over. Despite acknowledging the constitutional shortfall, current budget legislation leaves a significant portion of the funding gap unresolved, with no clear timeline for complete resolution.

"The Pennsylvania Constitution demands more," we emphasized. We called on the Governor and General Assembly to outline a definitive timeline for meeting constitutional funding requirements, emphasizing the urgency of ensuring every child has access to quality education without delay.

For more information and updates on these critical issues, visit our website pubintlaw.org. Together, we can continue to advocate for a brighter future for public education in Pennsylvania.

After six incredible years as our Communications Manager, Jonathan is embarking on a new journey this fall—law school! Jonathan has been a cornerstone of our team, bringing passion, creativity, and dedication to his role.

In a heartfelt letter, Jonathan shared his journey with us, reflecting on his move to Philadelphia in 2015 and his early days as an AmeriCorps VISTA. He vividly recalled the stark realities faced by students in the aftermath of post-recession cuts to public education. This experience ignited his passion for the work we do, particularly the school funding lawsuit, and the organizations championing social and economic rights.

"Working here, specifically in this job, was a dream for years, and I’ll always be grateful that you all took a chance on me," Jonathan wrote.

Jonathan's experience at the Law Center exceeded his expectations. He highlighted the camaraderie, brilliance, warmth, and humor of the team as a source of inspiration and hope.

As Jonathan transitions to this exciting new chapter, we want to express our deepest gratitude for his outstanding contributions. His hard work, creativity, and passion have made a lasting impact, and he will be greatly missed.

Thank you, Jonathan, for everything you've done. We wish you the best of luck in law school and look forward to seeing all the great things you will achieve in the future!