State oversight let county’s uncounted primary ballots go unchallenged
The Pennsylvania Department of State certified Butler County’s 2022 primary election results after the county sent notice that it wasn’t going to count undated mail-in ballots.
That revelation came out in documents recently filed in Commonwealth Court, where the state is suing three other counties for not counting undated ballots from the primary.
The Butler County notified the state about its intention not to count the undated ballots three weeks before the state sued Fayette, Berks and Lancaster counties for not counting their mail-in ballots, according to published reports.
The suit and Butler County’s handling of the undated ballots show some of the problems that have resulted from Act 77 of 2019 that expanded the allowable use of mail-in ballots, said Leslie Osche, chairwoman of the county commissioners.
“’This is just another example of the inconsistencies in how the department interprets Act 77 in communications and in procedures,” Osche said. “The act continues to create challenges for counties, the Department of State and most importantly undermines the election process.
“Act 77 has taken the election process out of the hands of elected judges and inspectors in their communities and centralized it with an eye toward manipulating the outcome. I will continue to stand up for our community, for all voters including those who need to vote absentee or who can’t get to the polls, but in a way that ensures their local representation,” Osche continued.
"We live in a republic in which supreme power is held by the people. Act 77 has severely impacted not only the conduct of our elections in the commonwealth, but also our republic and our Constitution,“ Commissioner Kim Geyer said. “The latest debacle by the (Department of State) demonstrates occasions where the various courts and DOS have put such in direct conflict with statutory law. We in Butler County will always follow the law, even when our own state and DOS will choose not to. We will always defend the Constitution and the people whom we serve."
In Butler County, 83 undated ballots — 50 from Democratic voters and 33 from Republicans — were set aside and not counted.
Act 77 requires voters to fill out, date and sign the declaration printed on the outside of mail-in ballot envelopes. A federal judge found the requirement to be irrelevant and in violation of federal voting rights law, and ordered election officials to count undated mail ballots. The U.S. Supreme Court declined to block the ruling.
Commissioner Kevin Boozel said the commissioners adhered to the law and talked to Department of State officials about counting ballots.
“We followed the letter of the law. We had conversations with DOS. They gave directives on how they wanted it done,” Boozel said. “It’s an arbitrary nonissue. Ballots without a date were arbitrarily pulled aside. We can’t count these because that’s what the law says.”
Butler attorney Tom King, who is representing Fayette County, said documents filed Monday by the department say it is not taking action against Butler County.
“Butler County clearly told them what direction they were going. The state, for whatever reason, didn’t follow it. They went ahead and certified the Butler County election anyway,” King said. “I don’t think the state can do anything. Butler County’s elections are already certified. They said in a filing they’re not doing anything.”
King said all four counties adhered to the law in not counting undated ballots.
“Butler County was 100% right not to count those ballots. Commissioners in those counties should be congratulated for following the law,” King said.
