Judge Orders Pennsylvania County to Not Turn Away Mail-In Ballot Applicants

Election materials are displayed on a table at the Santa Clara County registrar of voters office in San Jose, Calif., on Oct. 21, 2024. Justin Sullivan/Getty Images

A judge in Pennsylvania issued a preliminary injunction on Oct. 30 preventing the Bucks County Board of Elections from turning away individuals who show up to apply for mail-in ballots.

Court of Common Pleas of Bucks County Judge Jeffrey Trauger said in his order that the board of elections violated state election code. He also ordered the board to allow prospective voters before the close of business on Nov. 1.

Republicans had filed a lawsuit accusing Bucks County of disobeying state law by turning away voters at county elections offices and refusing to process mail-in ballot applications.

“There were several reports during the several days preceding the final day of On Demand Mail-in Ballot Option deadline of Oct. 29, that locations were turning away voters because of long lines and closing of sites earlier than posted hours where voters were told they would be able to exercise this option,” read the lawsuit, filed in the Court of Common Pleas of Bucks County.

The lawsuit was brought by the Republican National Committee (RNC), the Trump campaign, Republican Party of Pennsylvania, and David McCormick, who is running for U.S. Senate in the Commonwealth.

“This is a landmark victory that will allow our voters to cast those votes pursuant to Pennsylvania law,” RNC Chair Michael Whatley told reporters shortly after the injunction was issued.

“The RNC will leave no stone unturned in ensuring a fair, accurate and secure and transparent election, not just for Republican voters, but for all voters.”

Republicans had requested an injunction preventing the Bucks County Board of Elections and individuals acting on their behalf from refusing to process ballot applications from individuals who show up to designated sites by 5 p.m. ET.

The lawsuit pointed to an Oct. 29 social media post from the Pennsylvania Department of State that told voters: “If you are in line at a county elections office tonight at 5 p.m. to apply for your mail-in ballot, counties must give you an opportunity to do so.”

Pennsylvania’s election code states, in part: “Applications for absentee ballots shall be processed if received not later than five o'clock p.m. of the first tuesday prior to the day of any primary or election,” which was Oct. 29.

Republicans argued that by showing up by 5 p.m., Pennsylvania voters “effectively attempted to apply for a mail in ballot by the application deadline but the Board refused to process” them in violation of the election code.

The county board of elections and department of state did not respond to The Epoch Times’ request for comment before publication time.

The lawsuit came amid a series of election-related legal battles across the United States. The RNC previously told The Epoch Times that it is involved in more than 130 lawsuits across 26 states.

In a separate lawsuit, Republicans asked the U.S. Supreme Court to review the state supreme court’s decision allowing voters to submit a provisional ballot after improperly submitting a mail-in ballot. A separate lawsuit brought by Republicans over overseas ballots was dismissed by a federal judge in Pennsylvania on Oct. 29.

During his remarks, Whatley noted that a Trump supporter had been arrested in Delaware County for telling voters to stay in line. NBC Philadelphia reported that RNC delegate Val Biancaniello was cited for disorderly conduct at a voting center on Oct. 28.

In a video posted to social media, Whatley described Biancaniello as an “absolutely fantastic volunteer” for the RNC. On Oct. 28, he posted a video of her being led away by police.

Biancaniello said on X that she “didn’t break any laws.” She added that she “encouraged people to stay in line and vote.”

Delaware County Director of Elections reportedly said: “This wasn’t initiated by election officials. This was in response to voters’ complaints.”

A Delaware County spokesperson praised the Delaware County Park Police, which arrested Biancaniello.

“Voters have a right to participate in our democracy without being harassed or intimidated, and we applaud our Park Police for calming the disturbance and allowing voting to continue without disruption,” the spokesperson said, according to NBC Philadelphia.