Pennsylvania’s Election Transparency Struggle: Digital-Age Democracy In Danger

Pennsylvania’s ongoing legal battles over election record transparency are emerging as a crucial test case for democracy in the digital age. The recent Commonwealth Court ruling on mail-in ballots has brought to the forefront the complex challenges of maintaining both transparency and security in modern elections.

The case, initiated by Michelle Previte’s Right to Know request to the Erie County Board of Elections, resulted in a decision that mail-in and absentee ballot images are public records. However, the court maintained restrictions on access to in-person voting records, highlighting the delicate balance between transparency and privacy concerns.

This ruling is just one part of a larger struggle in Pennsylvania. Another case involving Heather Honey of the Election Research Institute, who sought access to the Cast Vote Record (CVR), ended with the court siding with state officials in denying access. These decisions reflect the broader national debate on how to ensure election integrity while protecting voter privacy in an era of increasing digital vulnerability.

Attorney Thomas Breth, representing Previte, expressed frustration with the partial nature of the victory. “We have an obligation to the country to do it correctly, do it transparently, and do it in a fashion that we’re proud of,” Breth stated, emphasizing Pennsylvania’s crucial role in national elections.

The state’s resistance to full disclosure has been guided by the Pennsylvania Department of State. In a letter to county election officials, Deputy Secretary Jonathan Marks advised that voted ballots are not subject to disclosure under the Election Code, contradicting some Office of Open Records decisions.

This stance has drawn criticism from transparency advocates who argue that withholding information fuels skepticism about election integrity. However, state officials contend that their approach is necessary to protect individual voter privacy and maintain the security of the voting system.

As Pennsylvania grapples with these issues, the outcomes could set important precedents for other states facing similar challenges. The debate touches on fundamental questions about the nature of democracy in the digital age: How can we ensure the integrity and transparency of elections while also protecting individual privacy and preventing potential manipulation of voting data?

The ongoing legal battles in Pennsylvania serve as a microcosm of these larger national and global concerns. As technology continues to evolve, finding the right balance between transparency and security in elections will remain a critical challenge for democracies worldwide.