In The Courts

Voters in Butler County, Pennsylvania made a mistake in voting their mail ballots in the April 2024 primary election, forgetting to use the required secrecy envelope. Because their mail ballots could not be counted, they went to the polls in Election Day and voted provisional ballots. The County later determined that it would not count their provisional ballots, and the voter’s appealed, arguing that Pennsylvania law requires that when an eligible voter attempts to vote by mail but the mail ballot is rendered void due to some defect like lacking a secrecy envelope, the eligible voter may cast a provisional ballot and have that ballot counted notwithstanding the failed attempt to vote by mail.

In November 2022, thousands of Pennsylvania voters were denied the right to vote based on a meaningless paperwork error. They filled out their mail ballots, signed the form on the outer return envelope, and returned their ballots on time. Yet their ballots were not counted, because they either forgot to write the date on their return envelope, or they accidentally wrote the wrong date. The Civil Rights Act prohibits states from disenfranchising voters based on immaterial paperwork error, and we're fighting to make sure that every vote counts

This case in the Pennsylvania Supreme Court asks whether flight from the police in a high-crime area, without more, can justify an investigative stop. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Pennsylvania, filed an amicus brief arguing that it does not. The brief argues that the Pennsylvania Constitution supports broader protections against investigative stops than those recognized under the U.S. Constitution, and that flight in high-crime areas is not inherently more suspicious than flight elsewhere.