Pennsylvania

Pennsylvania Supreme Court: Mail-in ballots with missing or incorrect dates won't be counted • Pennsylvania Capital-Star

Published

2 years ago

September 19, 2024

Pennsylvania Supreme Court: Mail-in ballots with missing or incorrect dates won't be counted • Pennsylvania Capital-Star

The ongoing saga of whether mail-in ballots without the proper date on the external envelope should or should not be counted may not yet be over, but Pennsylvania’s Supreme Court on Thursday sought to clear up confusion about its Sept. 13 decision on the matter.

As far as the high court is concerned, mail-in ballots in Pennsylvania without a date on the outside envelope — even if returned to a county election office on time — should not be counted.

Last week the court threw out a Commonwealth Court ruling that the ballots should be counted. Voter rights groups tried to revive the case, but in response to a request by the Republican National Committee (RNC) to clarify its ruling, the Supreme Court ordered the Commonwealth Court to dismiss the lawsuit.

So to recap: This means, for now, that mail-in ballots returned without a date on the outside of the envelope will not be counted in the Commonwealth of Pennsylvania.

The American Civil Liberties Union of Pennsylvania, which represents the voter rights groups, said it is considering its next legal steps.

“This is not the end of the road on this issue,” spokesperson Andy Hoover said Thursday.

With a month and a half before the presidential election in which Pennsylvania is expected to play a pivotal role, a former top election official told the Capital-Star that voters need to simply ignore the noise of the lawsuits and closely follow the instructions on their mail-in ballots.

“What’s most important is voters need to just understand that they need to put today’s date on the envelope,” Former Pennsylvania Secretary of the Commonwealth Kathy Boockvar said.

Notice and cure suit from RNC derided as voter suppression

Meanwhile, lawyers for the ACLU of Pennsylvania and the Public Interest Law Center (PILC), decried a new lawsuit filed Wednesday by the RNC as a brazen attempt at voter suppression.

The RNC asked the state Supreme Court to rule on the legality of county policies to notify voters when their mail-in ballots have errors and give them a chance to correct them.

Vic Walczak, legal director of the ACLU of Pennsylvania, said the RNC lawsuit is an attempt at an end run around two other cases pending before state appeals courts that involve the potential disenfranchisement of tens of thousands of people who vote by mail.

“The law right now is that counties can do what they call ‘notice and cure,’” Walczak said in a call with reporters on Thursday. “They don’t have to, so it’s permissive. What this lawsuit seeks to do is to say that it is absolutely illegal.”

The ACLU of Pennsylvania and PILC also represent the plaintiffs in the other election law cases still pending.

Walczak said the notice-and-cure suit, which asks the Supreme Court to exercise its “king’s bench” power to take any case at any time without going through the lower courts, doesn’t allege that the practice of notifying voters to fix their errors is problematic.

“It’s just an argument over the language in the statute. And just like the statute doesn’t say that you are allowed to do this, the statute and the Election Code don’t say that you can’t do this,” he said.

Gates McGavick, senior advisor to RNC Chairperson Michael Whatley, dismissed the ACLU’s characterization of the lawsuit.

“The idea that widely-supported [sic] election integrity safeguards somehow constitute ‘voter suppression’ is a far-left conspiracy theory,” McGavick said in a statement to the Capital-Star.

A spokesperson for former President Donald Trump’s campaign and a lawyer for the RNC did not respond to interview requests Thursday.

Voting by mail without an excuse was first an option for Pennsylvania voters in 2020 and in every election since, candidates have challenged decisions by county boards of elections either to count or not count ballots with errors, such as missing or incomplete dates and missing secrecy envelopes.

The number of mail-in ballots that have been disqualified for such errors is not trivial. Despite efforts by the Pennsylvania Department of State to reduce the number of rejected ballots by redesigning the instructions and envelopes, more than 1% of mail ballots were rejected in the April primary election, according to one analysis.

In the latest case on undated ballots, the Commonwealth Court ruled on Aug. 30 that the dating requirement violates the state constitution’s guarantee of the right to vote because it serves no compelling governmental purpose.

The Supreme Court ruled Sept. 13 in an appeal by the RNC and state Republican Party that Commonwealth Court lacked jurisdiction to hear the case because the suit was filed against only Allegheny and Philadelphia counties. Pennsylvania’s other 65 counties should have been included as parties for the Commonwealth Court to exercise its statewide jurisdiction.

But the Supreme Court’s order didn’t explicitly say whether the case was dismissed or was being sent back for further proceedings. Commonwealth Court Judge Ellen Ceisler granted the ACLU and PILC permission to file papers arguing that they should be allowed to add the other 65 counties.

Ceisler also indicated that she expected to reissue her decision finding the dating requirement unconstitutional.

In a 2-1 decision earlier this month, a Commonwealth Court panel reversed a Butler County judge’s decision that county elections officials were not required to count the provisional ballots because it amounted to allowing the voters to correct or “cure” mistakes in their mail-in ballots, which is not required by the Pennsylvania Election Code.

In an opinion for the Commonwealth Court majority, Judge Matthew S. Wolf wrote the question of whether the Election Code requires election officials to count provisional ballots cast by voters whose mail-in ballots are fatally flawed is separate from the issue of whether curing flawed ballots is allowed.

Wolf said the majority interpreted the Election Code to give it the legislature’s intent that provisional ballots serve as a safeguard against voters being denied their votes or casting more than one vote.

“The General Assembly did not intend for those authorized provisional ballots to be rendered meaningless … whenever the elector has made an earlier but unsuccessful attempt to cast or vote a ballot,” Wolf said.

The issue of curing ballots was itself the subject of a decision by a judge in Washington County in southwest Pennsylvania.

Washington County Judge Brandon P. Neuman granted an injunction sought by voting rights groups to block a policy that the county Board of Elections adopted just before the April primary, of not informing voters if their ballot was rejected because of an error.

The groups claimed the policy disenfranchised voters by effectively hiding from them the fact that their votes would not be counted and denying them the opportunity to cast provisional ballots. Neuman found voters have a statutory right to challenge a decision not to count a mail ballot and ordered election officials to notify voters whose mail ballots are set aside for disqualifying errors so that they have a chance to mount a challenge.

The state GOP and RNC have also appealed the decision in Commonwealth Court.

Other counties, meanwhile, have adopted policies to notify voters and give them a chance to remedy errors on mail-in ballots. Dauphin County, which includes the state capital of Harrisburg, last week became one of at least 32 Pennsylvania counties with a notice and cure program, according to the ACLU of Pennsylvania.

(This article was updated at 10:05 p.m., Thursday, Sept. 19, 2024, to include a statement from the RNC.)

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Pennsylvania

PA state rep. wants to force the York State Fair to change its name

Published

2 hours ago

July 9, 2026

Press Room

PA state rep. wants to force the York State Fair to change its name

Will the York State Fair have to change its name?

State Rep. Catherine Wallen of the 193rd House District, which stretches from Shippensburg to New Oxford, plans to introduce legislation that would prohibit fairs from using the title “state fair” in their name or advertising.

She noted that “a wave of a few fairs” recently has started using the word “state” in their name. There isn’t a statute that allows the use of a “state fair” title in Pennsylvania.

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“This legislation would change that to keep all fairs across the state on the same level and not allude that they are recognized as the Official State fair of Pennsylvania,” Wallen wrote. “The only event that truly has claim to that title is the Pennsylvania Farm Show that is held annually in Harrisburg.”

The annual agricultural fair in York County, formerly known as the York Fair, added the word “state” to its name in 2020. The event, which was set to move to July that year, had to be canceled because of the coronavirus pandemic.

The Agricultural Society Board of Directors voted in 2019 to change the name to join other large fairs across the country that include “state” in the name, according to a news release at the time.

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“We are as big as many state fairs across the country in terms of attendance, entries, entertainment, amusement rides, facilities, staffing and budget so the question became why not recognize ourselves as a state fair level event by calling ourselves the York State Fair,” then-CEO Bryan Blair said in the release at the time.

Patrick Ball, the fair’s current CEO, said fair officials are trying to learn more about the proposed legislation.

Teresa Boeckel is a reporter for the York Daily Record, part of the USA TODAY NETWORK. Contact her at tboeckel@ydr.com.

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Pennsylvania

‘Natural splendor at its best’: Penn’s Cave may become Pa.’s next state park

Published

12 hours ago

July 9, 2026

Press Room

‘Natural splendor at its best’: Penn’s Cave may become Pa.’s next state park

The boat dock at the entrance of Penn’s Cave.
HUNTER SMITH / THE EXPRESS

HUNTER SMITH / THE EXPRESS
The colored light room in Penn’s Cave.

BELLEFONTE — After four generations of family stewardship, the owners of Penn’s Cave and Wildlife Park are asking the state to take over one of Centre County’s most iconic attractions in an effort to preserve it from future development.

Following remarks from CEO Russ Schleiden and his daughter, Jeanine Watson, the Centre County Commissioners on Tuesday endorsed the plan to make the natural wonder Pennsylvania’s 126th state park.

“This has been a very difficult decision for us,” said Schleiden. “But we feel that it’s a very important part of, not only Centre County, but the Commonwealth of Pennsylvania, and that it should be preserved in perpetuity.”

The Schleiden family has spent decades as custodians of America’s only all-water, limestone cavern, working to expand and conserve Penn’s Cave, which contains the headwaters of Penn’s Creek. To ensure the 1,400 acres of land and its waters are around for generations to come, the family is petitioning the Pennsylvania Department of Conservation and Natural Resources (DCNR) to designate the Penn’s Cave estate a state park and take over its stewardship.

The proposed transfer includes the cavern, Cave House, surrounding land and waterways, five homes and several barns. Watson said the family has been working toward the proposal for three years.

“I know the state, DCNR, has wonderful plans and visions for enhancing it and taking it to that next level beyond what we could do,” she said.

Penn’s Creek, which starts in the cavern, flows 34 miles to Selinsgrove where it joins the Susquehanna River Basin before emptying into the Chesapeake. The state has made significant investments in protecting those waters, and the proposed transition would expand that work.

“The tributaries also support the native brook trout,” said Schleiden, naming specifically Little Poe and Big Poe creeks, which are known for their fishing.

Penn’s Cave, he said, has always been supportive of “wildlife for everyone.”

With the commissioners’ help, Penn’s Cave and Wildlife Park has invested $2 million into the local wetlands, protecting local fauna while improving the area’s accessibility. Schleiden said transferring ownership to the state would ensure that mission remains central to the property.

“We strongly desire this to go to the state to protect and continue to conserve, and have it available to the public,” Watson said.

The property also carries historical significance. Penn’s Cave and Hotel was listed on the National Register of Historic Places in April 1978 for its local importance.

The Cave House, or hotel, was built in 1885 by the Long family, who first commercialized the cavern. At the time, visitors traversed the cave by boat using lanterns. That changed in 1927, when the Campbell family, who emigrated from Scotland to the land, electrified the cave.

“It probably had electricity before more than most of the local residents,” Schleiden said.

State Rep. Kerry Benninghoff, who helped coordinate with the state on the proposed transition, also joined the commissioners for the discussion.

Benninghoff said the move would require the endorsement of the governor and both chambers of the General Assembly. The governor is aware of the plan and visited the site last year, and Benninghoff said he has drafted legislation outlining the mechanics of the transition.

“I can’t think of a better time in our country and our county’s history, at the semiquincentennial, to make this a reality,” he said. “If you want to look at Americana in its best, the park I think exemplifies that.”

“In the long run, I think this is a tremendous investment for the commonwealth,” Benninghoff said, noting the transition would not be easy but the commissioners’ endorsement could help move the project forward during this budget cycle.

The proposal also carries potential economic benefits for the region.

Penn’s Cave and Wildlife Park already attracts visitors from all 50 states and several countries. During its peak season, the park employs dozens of local community members. The attraction is a multigenerational employer in Gregg Township, providing jobs for members of the Schleiden family and their employees, many of whom are young adults and teens.

Transferring ownership to DCNR and becoming Pennsylvania’s 126th state park could increase tourism and economic engagement in the area, the owners said. State parks in rural communities often bring tourism dollars and expand employment opportunities as operations grow.

Benninghoff said he could envision additional public amenities, including a campground, while emphasizing the property would remain accessible.

“This is not going to be an exclusive property that no one can access,” she said. “It’s actually one we want more people to enjoy.”

The commissioners each praised the work Schleiden and Watson have done and expressed support for the state park designation, citing the conservation, education, historical, tourism and recreational benefits of the proposal.

“Penn’s Cave is a premier tourist attraction in Centre County,” said Commissioner Mark Higgins, who noted it is one of only a few caves accessible by boat worldwide. “With the trout in the water and the wild animals surrounding it in the wildlife park, it’s a really, really fun half-day attraction to visit.”

“It’s just irreplaceable,” he said.

Commissioner Amber Concepcion called the property “an outstanding area of natural beauty” and added that it provides an opportunity for education and recreation.

“It’s a great place for kids to learn and for adults and people of all ages to spend a summer afternoon,” she said. “It would make a fantastic state park.”

Dershem called the opportunity “once in a lifetime” and said it would be a “crying shame” if the property were developed instead.

“This is an amazing opportunity for the Commonwealth of Pennsylvania to invest in a property that is literally irreplaceable, iconic to our region and unique. I don’t know that you’ll find anything quite like it,” Dershem said. “It’s an amazing place.”

Penn’s Cave, he added, “represents who we are in Centre County” and is “natural splendor at its best.”

Benninghoff said their support will emphasize the urgency of completing the transition to state legislators.

“This endorsement by the county, visitors bureau and other people helps to emphasize that we’d really like to get this done, and time is of the essence,” he said. “People have been knocking on their door, wanting to purchase this land and break it all apart, and a lot of it would go into development.”