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Why some Pennsylvania counties have vote-by-mail drop boxes and others don’t
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Why some Pennsylvania counties have vote-by-mail drop boxes and others don’t

They may be called mail-in ballots, but there is more than one way to return them in Pennsylvania.

In many counties across the Commonwealth, voters have the opportunity to drop off their completed mail-in ballots in secure drop boxes. This allows Pennsylvania residents to ensure ballots arrive at county election offices by the 8 pm Election Day deadline without risking mail delays.

Still, some public figures, including former President Donald Trump, have sought to ban drop boxes, saying they are not permitted under state law and are susceptible to fraud.

In fact, both state and federal courts have upheld its use. And while the detractors report incidents where people appear to have left more than one ballot, something that is not allowed under state law, there is no evidence of widespread fraud. Here’s what you need to know.

Are ballot drop boxes legal in Pennsylvania?

Counties began widespread adoption of the ballot return tool in 2020, when the COVID-19 pandemic prevented people from gathering indoors and the Postal Service was experiencing delays.

However, drop boxes are not explicitly mentioned in state election law, which has made them vulnerable to legal and political attacks.

Ahead of the November 2020 elections, the Trump campaign filed suit in federal court attempt to ban drop boxes, claiming they were unconstitutional and citing safety concerns. Democratic elected officials also filed a petition in state court asking judges to confirm whether the drop boxes were legal, among other things.

The Pennsylvania Supreme Court ruled that they are permitted, with writing of then-judge Max Baer that the majority conclusion arose from “the clear legislative intent underlying Act 77 (Pennsylvania’s mail-in voting law)… to provide voters with options to vote outside of traditional polling places.”

A federal judge later issued a similar ruling, dismissing Trump’s lawsuit. The judge said the campaign’s fraud concerns were “speculative” and that “it is not the job of an unelected federal judge to suggest electoral improvements, especially when those improvements contradict the reasoned judgment of democratically elected officials.”

Since then, there has been scattered action around the mailboxes. Republican-controlled state Senate in 2022 passed a bill that would have banned them, but it failed to advance in the state House. and in October this yearThe ACLU of Pennsylvania sued on behalf of voters after a Luzerne County official unilaterally decided to remove the county’s drop boxes. The county clerk the course was finally reversed.

Does my county have mail-in ballot drop boxes?

Thirty-four Pennsylvania counties have at least one mailbox, while 33 do not. You can check if your county has them at vote.pa.

Pennsylvania’s legislature and governor have not banned drop boxes, but they have also not formally enshrined their use in state law. This means that drop boxes are allowed, but not required, so their use varies across the state.

Some counties, such as Delaware and Philadelphia, have many drop boxes and satellite election offices. These locations serve as the county’s main elections office and allow voters to request mail-in ballots, get guidance on completing them, and deliver them all in one place.

Other counties, like Lancaster, reject ballot boxes altogether. If voters in those counties want to drop off a mail-in ballot in person, their only option is to go to the county elections office during business hours.

Are the ballot boxes safe and secure?

There are no laws regulating mailboxes, which is why the Pennsylvania Department of State has provided guidelines for their use and management.

The guidelines advise election workers on how to monitor drop boxes for potentially suspicious activity, such as a person dropping off more than one ballot, and for tampering. In three states this yearBallots deposited in mailboxes and a mailbox have been burned.

The Pennsylvania Department of State issued its latest guidance on drop boxes in September 2023. The document stipulates that if county boards of elections choose to offer voters a “secure receptacle that allows them to return their completed ballot” without using the mail, then that receptacle or drop box must comply with certain security conditions. standards.

Among other things, the mailbox must have a lock and a “tamper-resistant seal that has a unique identification number,” and only authorized election officials must have the keys or code to open the lock. The box should also be made of a durable, weather-resistant material and anchored to the ground to prevent movement.

The guide also says that the box should be monitored at all times by authorized personnel or a video surveillance system. If it cannot be monitored during certain hours, it should be moved to a secure area that cannot be accessed by the public or cannot otherwise be protected.

Counties must also maintain mailbox surveillance video for one year after the election certification deadline.

The state agency also offers a number of design suggestions for drop boxes, including that they should be relatively easy to drop a ballot into, even for people with mobility issues, and that they should be wheelchair accessible.

The ballot return slot should be clearly marked and small enough to prevent people from reaching inside, and it should also minimize the chance that a person could spill a liquid inside or that rain could get inside. Additionally, it must be clearly marked with official government signs. and provide a phone number that voters can call to report problems. Among other things, the box should also be marked with legal penalties for ballot tampering.

Are the voting boxes open 24 hours a day?

Some are, while others are only open during certain hours. The opening hours of the delivery boxes are listing on state website.

In its guidance to counties, the Pennsylvania Department of State says it “encourages sites to be operational on Election Day, up to and including 8:00 p.m.,” although counties are free to maintain different hours.

Can I leave my ballot in any mailbox?

No, you must return your ballot to a drop box within your own county.

Can someone return my ballot to a drop box?

No, voters can only return their own ballot to drop boxes (or any other ballot drop-off center), and the Pennsylvania Department of State reports that counties make note of that rule on signs at drop boxes. or around them.

This rule has frustrated even people who know state electoral politics. In 2021, then governor. Tom Wolf’s wife cast her vote in a mailbox for him. A spokesman said at the time that it was “an honest mistake.”

The only exceptions to this rule are if a voter has a disability and officially designates another person to return their ballot. filling out this state formor if a voter qualifies to use an emergency absentee ballot and similarly designates someone to deliver it using another official form.

90.5 WESA partners with Spotlight PA, a reader-funded collaborative newsroom producing accountability journalism for all of Pennsylvania. More in focopa.org.