M. Previte v. Erie County Board of Elections
320 A.3d 908
Pa. Commw. Ct.2024Background
- Michelle Previte submitted Right-to-Know Law (RTKL) requests to the Erie County Board of Elections seeking digital images of absentee, mail-in, and in-person ballots from the 2020 General Election.
- The Board denied Previte’s requests, citing Section 308 of the Pennsylvania Election Code, which shields the contents of ballot boxes and voting machines from public disclosure.
- On appeal, the Office of Open Records (OOR) partially reversed the Board’s denial, allowing access to absentee and mail-in ballot images but not in-person ballots.
- The Court of Common Pleas reversed OOR, ruling that the digital images were protected from RTKL requests and found Previte lacked standing for not proving she was a county elector.
- Previte appealed to the Commonwealth Court, arguing both the merits of public record designation and that standing was improperly decided.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to Request Records | Previte had standing and the Board waived its right to challenge it | Previte did not prove she was a qualified elector | Court: Board waived its standing challenge by failing to raise it timely; Previte had standing |
| Are Completed Absentee/Mail-In Ballots Public Records? | Absentee and mail-in ballot images are public records under Sections 1307-D(a) and 1309(a) | Section 308 exempts these images as contents of voting machines | Court: Yes—they are public records once removed from ballot boxes or voting machines, subject to required redactions |
| Interaction between Section 308 & Sections 1307-D(a)/1309(a) | More specific provisions (1307-D(a), 1309(a)) override general provision (308) where in conflict | General ballot protections in Section 308 bar disclosure | Court: Specific provisions governing absentee/mail-in ballots control and allow disclosure |
| Scope of Public Inspection | Digital ballot images, with identifying information redacted, should be available for public transparency | Disclosure jeopardizes voter secrecy and election integrity | Court: Ballot images (absentee/mail-in) are public records if identifying info is protected |
Key Cases Cited
- William Penn Parking Garage, Inc. v. City of Pittsburgh, 346 A.2d 269 (Pa. 1975) (establishing criteria for standing in Pennsylvania law)
- Upper Bucks Cnty. Vocational-Tech. Sch. Educ. Ass’n v. Upper Bucks Cnty. Vocational-Tech. Sch. Joint Comm., 474 A.2d 1120 (Pa. 1984) (further elaborating on standing requirements)
- Pittsburgh Tr. for Cultural Res. v. Zoning Bd. of Adjustment of City of Pittsburgh, 604 A.2d 298 (Pa. Cmwlth. 1992) (explaining the aggrieved party standard for standing)
- Honey v. Lycoming Cnty. Offs. of Voter Servs., 312 A.3d 942 (Pa. Cmwlth. 2024) (addressing the interpretation of voting machine-related disclosure limitations under Section 308)