In a historic ruling, the Commonwealth Court of Pennsylvania has determined that digital images of completed absentee and mail-in ballots are to be recognized as public records. This landmark decision is a significant step in ensuring transparency and accessibility in the election process, potentially setting a precedent for other states to follow.
The ruling arose from a legal battle initiated by Michelle Previte, the appellant who sought access to electronic copies of ballots from the 2020 General Election under Pennsylvania’s Right-to-Know Law (RTKL). Previte’s pursuit of these records underscores the growing demand for electoral transparency in a politically charged climate.
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The case began when Michelle Previte submitted a request under the RTKL to the Erie County Board of Elections. Her request aimed to access digital images of all mail-in and absentee ballots, along with images of the outer envelopes and polling place ballots from the November 2020 election. However, her request was denied by the Board, which contended that these documents did not qualify as public records according to Section 308 of the Pennsylvania Election Code.
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