court declined to explicitly answer whether such a policy is necessarily forbidden.17 Following this decision, Secretary Boockvar sent an email on November 2, 2020 encouraging counties to “provide information to party and candidate representatives during the pre-canvass that identifies the voters whose ballots have been rejected” so those ballots could be cured.18 From the face of the complaint, it is unclear which counties were sent this email, which counties received this email, or which counties ultimately followed Secretary Boockvar’s guidance. Some counties chose to implement a notice-and-cure procedure while others did not.19 Importantly, however, Plaintiffs allege only that Philadelphia County implemented such a policy.20 In contrast, Plaintiffs also claim that Lancaster and York Counties (as well as others) did not adopt any cure procedures and thus rejected all ballots cast with procedural deficiencies instead of issuing these voters provisional ballots.21 Both Individual Plaintiffs had their ballots cancelled in the 2020 Presidential Election.22 John Henry submitted his mail-in ballot to Lancaster County; however, it was cancelled on November 6, 2020 because he failed to place his ballot in the 17 18 19 20 21 22 Id. (holding only that the Election Code “does not provide for the ‘notice and opportunity to cure’ procedure sought by Petitioner”). Doc. 125 at ¶ 129. Id. at ¶¶ 124-27. Id. at ¶ 127. Id. at ¶ 130. Id. at ¶¶ 15-16. -5-