District Boards of Elections provide provisional ballots to voters where their eligibility to cast a regular ballot cannot be determined at the polling place or when the Judge of Elections determines that the voter’s signature mismatches. 25 P.S. §§ 3050(a.2)(1)-(2), (a.3)(2). Provisional ballots are sometimes used when a voter’s mail-in or absentee ballot is rejected because of something other than their eligibility to vote (like a missing signature or secrecy sleeve). 25 P.S. §§ 3050(a.2)(1)-(2), (a.3)(2).
On election night, immediately after the District Election Board completes tabulation of the votes cast in the election district, the Judge of Election will prepare and certify under oath a tally of the number of provisional ballots received, and the names of individuals casting provisional ballots. 25 P.S. § 3050(a.4)(8). The Judge of Election must deliver all provisional ballots and the tally to the County Board of Elections, by 2 a.m. on election night. 25 P.S. §§ 3031.13(j)(3), 3050(a.4)(9), 3065(b), 3068(a).
Within seven calendar days after the election, the County Board of Elections examines each provisional ballot envelope to determine whether the voter was entitled to vote in their district in the election. 25 P.S. § 3050(a.4)(4). If the County Board of Elections determines the vote to be valid, i.e. the voter was properly registered and entitled to vote at the election district where the ballot was cast and there were no signature mismatch issues, then the Board will tabulate that ballot and include it in the canvass. 25 P.S. § 3050(a.4)(5)(i).
Pennsylvania law provides no explicit right for voters to cure rejected provisional ballots. However, counties may opt to notify voters so that they may provide the necessary cure information. Additionally, the state maintains a webpage and toll-free telephone number voters can use to check the status of their provisional ballot. 25 P.S. § 3050(a.4)(11).
Importantly, authorized representatives of each candidate and political party are permitted to stay in the room and observe this process and to challenge the County Board of Elections’ determinations. 25 P.S. § 3050(a.4)(4). Attorneys and poll watchers may also challenge. 25 P.S. § 3050(a.4)(4)(i). These challenged provisional ballots are placed, unopened, in a secure, safe, and sealed container until the County Board of Elections sets a time and place for a formal hearing to consider these ballots. 25 P.S. § 3050(a.4)(4)(i).
The provisional ballot hearing must be no later than seven days after the date the provisional ballots were challenged. 25 P.S. § 3050(a.4)(4)(ii). Notice must be given, where possible, to all provisional voters challenged and every attorney, watcher, or candidate who made the challenge. 25 P.S. § 3050(a.4)(4)(i).
At the hearing the County Board of Elections will hear testimony regarding the challenges. 25 P.S. § 3050(a.4)(4)(iii). The County Board of Elections will then make a determination whether the ballot should be accepted or rejected. 25 P.S. § 3050(a.4)(4)(vi).
Any petitioner aggrieved by the decision of the County Board of Elections can appeal the upholding or dismissing of the provisional ballot challenge to the Court of Common Pleas. 25 P.S. § 3050(a.4)(4)(v). The appeal should be made within two days of the decision and should list the objections to the County Board of Elections’ decision. 25 P.S. § 3050(a.4)(4)(v). Pending the final determination of all appeals, the County Board of Elections will suspend the canvassing of all challenged provisional ballots. 25 P.S. § 3050(a.4)(4)(vi).