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

Summary

Justice Brobson dissented from the majority's resolution of whether provisional ballots may be counted when the county board timely received the voters' mail ballots but later rejected those mail ballots as defective. The dissent concluded that the Election Code plainly prohibits counting the provisional ballots based on timely receipt, regardless of whether the mail ballots are ultimately included in the certified returns. Justices Wecht and Mundy joined the dissent and would have reversed the Commonwealth Court.