A recent Pennsylvania Commonwealth Court decision has reignited the debate over election transparency in the state. While the ruling declares mail-in ballots to be public records, it stops short of requiring full disclosure of all voting documents, leaving some election integrity advocates unsatisfied.
The case stems from a 2022 Right to Know request filed by Michelle Previte with the Erie County Board of Elections. Previte sought access to electronic copies of records from the 2020 general election, including images of mail-in and absentee ballots, as well as in-person ballots.
After a series of appeals and conflicting decisions, the Commonwealth Court ultimately ruled that images of completed absentee and mail-in ballots are indeed public records. However, the court stopped short of granting access to in-person voting records, citing exceptions in the state’s Election Code.
Attorney Thomas Breth, representing Previte, expressed frustration with election officials’ reluctance to share public documents. “It’s mind boggling that at a time of unprecedented skepticism about election integrity, these boards of election… are choosing to try to put a cloak of secrecy over the information that’s needed to really establish that we have fair, honest elections,” Breth told The Federalist.
The ruling comes amid a broader struggle for transparency in Pennsylvania’s election processes. In a separate case, Heather Honey of the Election Research Institute was denied access to the Cast Vote Record (CVR) from Lycoming County. The court sided with Secretary of the Commonwealth Al Schmidt in that instance, citing concerns about potential voter privacy breaches.
These cases highlight the tension between calls for greater election transparency and officials’ efforts to maintain voter privacy and election security. As Pennsylvania continues to play a crucial role in national elections, the debate over access to voting records is likely to persist.
Critics argue that the state’s resistance to full disclosure undermines public trust in the electoral process. However, state officials maintain that certain restrictions are necessary to protect voter privacy and the integrity of the voting system.
As legal battles continue, Pennsylvania finds itself at the center of a national conversation about balancing election transparency with security concerns in the digital age.
