A recent Pennsylvania Commonwealth Court decision has ignited a fierce debate over the balance between election transparency and voter privacy. The ruling, which stems from a 2022 Right to Know request, declared mail-in ballots to be public records while maintaining restrictions on access to in-person voting documents.
The case, brought by Michelle Previte against the Erie County Board of Elections, sought access to electronic copies of records from the 2020 general election. After a series of appeals and conflicting decisions, the court ultimately ruled that images of completed absentee and mail-in ballots are indeed public records. However, the decision stopped short of granting access to in-person voting records, citing exceptions in the state’s Election Code.
This partial victory for transparency advocates has left many unsatisfied, including Previte’s attorney, Thomas Breth. “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 ongoing 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. The outcome of these debates could have far-reaching implications for how elections are conducted and scrutinized across the United States.
