Voters can correct improperly dated mail-in ballots. Here's what you need to know

Erie County voters who improperly dated the outer envelope of their mail-in or absentee ballots will now have an opportunity to fix their mistake.

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On Monday, the Erie County Board of Elections approved a resolution to notify voters who failed to date — or who incorrectly dated — their mail-in or absentee ballot envelopes. Voters now have until 8 p.m. Tuesday to correct their error.

Whether these ballots will ultimately be counted in Tuesday's general election will depend on a future court ruling.

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On Nov. 1, the Pennsylvania Supreme Court ordered election officials across the state to “refrain from counting” undated and incorrectly dated mail-in and absentee ballots and instead to "segregate and preserve" them.

Subsequent guidance from the Pennsylvania Department of State advised that county election offices could determine whether these ballots be "cured" or fixed, according to Erie County Clerk Julie Slomski.

The Board of Elections on Monday voted 4-2 in favor of doing so, with the understanding these ballots will remain segregated — and not counted — pending a Pennsylvania Supreme Court decision

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Voting in favor of curing them were Democrats Mary Rennie, Andre Horton, Terry Scutella and Jim Winarski. Voting against were Republicans Brian Shank and Charlie Bayle. Republican Ellen Schauerman was not present at the meeting.

"I just think that we should always look to ensure that every registered voter can exercise their constitutional right to vote," Horton said. "This is kind of a staple of our democracy."

"My fear is we continue to take away personal accountability and responsibility from people and replace that with some type of government direction, oversight and regulation," Bayle said.

In Erie County, 352 ballots are undated or incorrectly dated as of Monday. Of those 352 ballots, 168 are undated and 184 are incorrectly dated, Slomski said.

Here's what you need to know:

What does "curing" a ballot mean?

The Erie County Board of Elections allows voters to "cure" or correct mail-in or absentee ballots that have inconsequential outer envelope defects. These defects do not affect the substance and intent of the elector's vote, but must be corrected in order for the vote to be counted.

The Board of Election has previously approved a resolution allowing voters to cure ballots if they are missing the inner privacy envelope or if there is a signature missing on the outer envelope.

What's an incorrectly dated ballot?

According to County Council Solicitor Tom Talarico, as well as a second order issued Saturday by the Pennsylvania Supreme Court, incorrectly dated ballots include:

• Ballots with indecipherable dates

• Mail-in ballots that are dated outside the range of Sept. 19 and Nov. 8

• Absentee ballots that are dated outside the range of Aug. 30 and Nov. 8

Ballots that have a proper date placed slightly under or outside the designated area will be reviewed and adjudicated by the board Tuesday.

How will I know if my ballot needs to be fixed?

The Erie County Board of Elections will reach out to voters with defective ballots. A full list of voters with defective ballots can be found at bit.ly/defective_ballots.

How do I fix my ballot?

Voters have three options to fix their ballot.

• Voters can visit the Erie County Elections Office at the Erie County Courthouse, 140 W. 6th St. Room 112, during regular business hours today from 8 a.m. to 4:30 p.m., or Tuesday, from 7 a.m. to 8 p.m.

• Voters unable to travel to the office due to a disability can authorize a designated agent to pick up a replacement ballot and/or return a completed ballot using the Designated Agent Form. The form can be found at bit.ly/designated_agent and must be completed before the ballot is picked up.

• Voters can also choose to cast a provisional ballot at their polling place if they are unable to come to the office. Voters who choose to vote provisionally will complete their ballot at their regular polling place and hand it to poll workers. Provisional ballots are researched and processed during the Return Board process which begins 9 a.m. Friday.

When is the deadline to fix my ballot?

Voters must fix their ballot no later than 8 p.m. Tuesday.

A.J. Rao can be reached at [email protected]. Follow him on Twitter @ETNRao.

This article originally appeared on Erie Times-News: Erie County Elections Board OK's curing of undated mail-in ballots