Elections 101: Why some Pennsylvania counties have ballot drop boxes and others don’t

Story on Katie Meyer of Spotlight PA

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

In many counties across the Commonwealth, voters have the option to drop off their completed ballots in secure drop boxes. These allow Pennsylvanians to ensure ballots reach Election Day before the 8 p.m. election day, without risking mail delays.

Still, some public figures, including former President Donald Trump, have tried to ban mailboxes, claiming they are not allowed under state law and are susceptible to fraud.

In fact, both state and federal courts have upheld its use. And while opponents point out incidents where people apparently returned more than one ballot — something not allowed under state law — there is no evidence of widespread fraud. Here’s what you need to know:

Are Ballot Drops Legal in Pennsylvania?

Counties began implementing the ballot tool on a large scale in 2020, when the COVID-19 pandemic kept people from gathering indoors and delays plagued the Postal Service.

However, state election law does not explicitly mention post office boxes, making them vulnerable to legal and political attacks.

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

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

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

Since then, there has been scattered action around drop boxes. The Republican-controlled Senate in 2022 a bill passed that would have banned them, but it failed to advance in the statehouse. And inside October this yearsued the ACLU of Pennsylvania on behalf of voters after a Luzerne County official unilaterally decided to remove the county’s mailboxes. The provincial official ultimately the opposite course.

Does my province have ballot boxes?

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

Pennsylvania’s legislature and governor haven’t banned mailboxes, but they haven’t formally codified their use into state law either. This means that mailboxes are allowed, but not mandatory. Therefore, its use varies by state.

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

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

Are ballot boxes safe?

There are no laws regulating mailboxes. That’s why the Pennsylvania Department of State has established guidelines for its use and management.

The guidelines advise poll workers on how to check mailboxes for potentially suspicious activity, such as someone dropping off more than one ballot, and for tampering. In three states this yearBallots in mailboxes and in a mailbox have been set on fire.

The Pennsylvania Department of State issued a decision most recent guidelines for drop boxes in September 2023. The document specifies that if county election boards choose to provide voters with a “secure container that allows voters to return their completed ballot” without using the mail, that container or mailbox must meet certain security requirements . standards.

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

The guidelines also say the box must be monitored at all times by authorized staff or a video surveillance system. If it cannot be monitored during certain hours, it should be moved to a secure area that the public does not have access to or is otherwise secured.

Counties must also retain drop box surveillance video for a year after the election certification deadline.

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

The ballot must be clearly marked and small enough to prevent people from reaching inside, and must also minimize the chance of someone pouring a liquid inside or allowing rain to enter. In addition, it must be clearly marked with official government signs. and provide a phone number that voters can call to report problems. The box must also list legal penalties for ballot tampering, among other things.

Are the polls open 24 hours a day?

Some are, others are only open at certain times. Opening hours for drop boxes are listed on the state website.

In its guidance for counties, the Pennsylvania Department of State says it “encourages sites to be operational on Election Day through 8 p.m.,” though counties are free to maintain other hours.

Can I hand in my ballot paper in any mailbox?

No, you must hand in your ballot at a mailbox in your own province.

Can someone drop off my ballot in a mailbox?

No, voters may only return their own ballots to drop boxes (or to another ballot drop-off facility), and the Pennsylvania Department of State recommends that counties note this rule on signs on or around drop boxes.

This rule has frustrated even people who are aware of the state’s election policies. In 2021, then government. Tom Wolf’s wife dropped off his ballot in a mailbox for him. A spokesperson said at the time 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 by completing this state formor if a voter qualifies to use an emergency ballot and similarly designates someone to deliver it using another official form.

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