Pennsylvania Supreme Court Rules Cast Vote Records Are Public

The Supreme Court of Pennsylvania ruled unanimously in late April that cast vote records (CVRs)—granular logs of how ballots were cast—are public records and must be accessible to the public. The decision overturned a previous Commonwealth Court ruling that had classified CVRs as exempt "contents of ballot boxes." The court determined that CVRs are raw data spreadsheets rather than physical ballots, making them subject to disclosure under state law.

The legal challenge began with a 2021 request by Heather Honey for Lycoming County's 2020 election data. Following the ruling, Lycoming County Elections Director Forrest Lehman confirmed the county will release the requested records. Other officials, including Delaware County election director Jim Allen, indicated they plan to make CVRs available once the Pennsylvania Department of State provides formal guidance.

Despite the ruling, implementation varies by jurisdiction based on technological capabilities. While vendors such as Election Systems & Software, Hart, Liberty Vote, and Clear Ballot provide randomization to protect voter anonymity, some officials in smaller areas, including Columbia and Lebanon counties, expressed concern. These officials argue that low-turnout precincts may still risk exposing individual votes, and some counties lack the necessary software to generate CVRs entirely.