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Berks County officials briefed on court rulings, mail‑in ballot deadlines and returns ahead of election
Summary
County election staff told commissioners this week that a Western District stay and a split Pennsylvania Supreme Court decision leave current processes intact; officials reiterated Oct. 29 deadlines to request mail‑in ballots and warned against handing ballots to others. Cody and Commissioners Rivera and Barnhart provided counts and operational guidance.
Cody, speaking to the Berks County Board of Commissioners on Oct. 25, summarized two court developments he said affect election administration: a Western District order staying a pending case while the U.S. Supreme Court considers a related materiality question, and a 4‑3 Pennsylvania Supreme Court decision in Gensler v. Butler County affirming that provisional ballots may be used and counted when a mail‑in or absentee ballot is rejected for an error.
"Judge Baxter issued an order staying the current case in the Western District litigation," Cody said, and added the stay reflects the possibility that the U.S. Supreme Court's pending consideration could affect claims before the Western District. He said the stay likely means the Western District will not issue a substantive decision before the election or certification.
On the state ruling, Cody said the Pennsylvania Supreme Court "in a 4 3 decision, affirmed the Commonwealth Court in that regard and essentially found that a voter can vote by provisional ballot, if the mail in or absentee ballot is rejected due to an error." He characterized that decision as largely an affirmation of existing county practice.
Commissioner Michael Rivera provided operational context and voter guidance. Rivera reminded residents that Oct. 29 is the deadline to request a mail‑in or absentee ballot and that mail‑in ballots already mailed may be returned in person or via drop boxes or the U.S. Postal Service through 8 p.m. on Nov. 5. "As of now, we've mailed out about 42,500 ballots. And of those, we've we've received about 30,000 back," Rivera said.
Rivera and COO Kevin Barnhart stressed that citizens should not hand completed ballots to others. Rivera warned that "if you are caught, that is ballot harvesting and your ballot will not be counted." Barnhart praised election services staff and volunteers for long hours preparing for Election Day and asked for public patience.
County officials said the Western District stay and the Pennsylvania Supreme Court ruling do not require immediate operational changes for Berks County. Cody recommended continuing current safeguards that ensure only one vote per voter will be counted and reiterated that provisional ballots provide a remedy when an earlier mail‑in or absentee ballot is rejected for a formal error.
Next steps: county election staff will continue usual processing and outreach through the remaining statutory deadlines; the board scheduled an election board meeting later that morning to address operations and public questions.
