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County joins Republican appeal of election ballot curing ruling

County commissioners voted 2-1 Wednesday, Sept. 25, to join a national and state Republican Party appeal of a Commonwealth Court ruling about the county’s election ballot curing policy.

The commissioners joined an appeal filed by the Republican National Committee and the Republican Party of Pennsylvania in state Supreme Court of a recent Commonwealth Court ruling that voters can cast provisional ballots if defects are found in their mail-in and absentee ballots.

The case revolves around two county voters, Faith Genser of Zelienople and Frank Matis of Center Township, whose mail-in ballots for the April primary were rejected by the county election bureau because they didn’t place their ballots in the provided secrecy envelopes. The provisional ballots they cast were rejected by the computation return board. The two voters appealed to Commonwealth Court in August.

On Sept. 20, the Supreme Court granted a petition for allowance to appeal from the committee and party, but denied the county’s petition for an allowance to appeal. The state’s high court set Thursday, Sept. 26, at noon as the deadline for the committee and party to file a brief supporting their arguments.

The “joinder” approved by the commissioners Wednesday supports that brief and does not include additional arguments, said Leslie Osche, commissioners chairwoman.

Commissioner Kevin Boozel asked about the need for the joinder.

Solicitor Julie Graham said the goal is to defend the action taken by the election board.

Commissioner Kim Geyer said the goal is for the state to create a curing policy.

She said the county’s curing policy addresses deficiencies on the external return envelop for mail-in and absentee ballots.

Those ballots that are submitted without the date or voter’s signature are segregated by the election bureau, which then places the voter’s name and phone number on a list.

During a primary, the list will be made available to the political party committees once a day upon request from the committees.

The committees can contact the voters and tell them about the deficiency, and tell them that they can go to the bureau to correct the problem.

During a general election, the list will be made available to any authorized representative of any recognized party.

Because voters registered as independent do not have authorized party representatives, the bureau will inform all voters that they can check the status of their ballots through the Pennsylvania Department of State website and that a curing is available.

To cure a ballot, a voter must appear at the election bureau office at 227 W. Cunningham St. in Butler before 8 p.m. on Election Day and sign an attestation that includes the missing or incorrect signature or date.

The bureau will give voters the opportunity to cure their ballots, but will not cure any ballots on its own.

The bureau will not send the deficient ballots back to voters or issue new ballots due to deficiencies.

Voters with deficient ballots who can’t go to the bureau to cure ballots will be able to vote using a provisional ballot at their polling place, according to the policy. The policy does not address the secrecy envelopes.

Osche and Geyer voted in favor of the joinder, and Boozel voted against it. Osche and Geyer are Republicans, and Boozel is a Democrat.

In other election matters, the election bureau is conducting logic and accuracy testing of voting equipment at the bureau office on Tuesday beginning at 9 a.m.

Catherine Lalonde, chairman of the Butler County Democratic Committee, said she was invited to observe the testing, but she was surprised to learn that PA Fair Elections is invited to observe.

PA Fair Elections is a group that espouses fair, secure and transparent elections, according to its website.

Lalonde said the group is known to claim the 2020 election was not legitimate, but she hopes the group learns to trust the election system after witnessing the accuracy testing.

Osche noted the group observed the accuracy testing conducted before the primary.

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