Genser v. Butler Brd. of Elec. Appeal of: RNC

Summary

The Court affirmed the Commonwealth Court’s order requiring Butler County to count two provisional ballots after the electors’ mail ballots were rejected as void for lacking secrecy envelopes. It held that a defective mail-ballot submission has no legal effect and therefore does not constitute another ballot that prevents counting a valid provisional ballot under the Election Code. The Court also held that counting the provisional ballots was statutory provisional voting, not a judicially imposed notice-and-cure procedure.