Why do some counties in Pa. they have postal ballot boxes and some don’t

They may be called mail-in ballots, but there are several ways to return them in Pennsylvania.

In many Commonwealth counties, voters have the option of depositing their completed ballots in secure ballot boxes. They allow Pennsylvanians to ensure that ballots arrive at county election offices before the 8:00 PM deadline on Election Day without risking mail delays.

However, some public figures, including former President Donald Trump, have tried to ban delivery boxes, arguing that they are not allowed by state law and are susceptible to fraud.

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

Are ballot 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 plagued by delays.

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

Ahead of the November 2020 election, the Trump campaign filed suit in federal court trying to ban boxing, claiming they were unconstitutional and citing security concerns. The elected Democrats also filed a petition in state court asking the justices to confirm, among other things, whether the delivery boxes are legal.

The Pennsylvania Supreme Court has ruled that they are allowed, with then-Justice Max Baer writing that the majority’s conclusion resulted 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 then issued a similar ruling, rejecting Trump’s lawsuit. The judge said concerns about campaign fraud were “speculative” and that “it is not the job of an unelected federal judge to suggest improvements to elections, especially when those improvements contradict the reasoned judgment of democratically elected officials.”

Since then, there have been scattered actions around drop boxes. Republican-controlled state Senate in 2022 a bill passed that would have barred them, but it failed to advance in the State House. And in October of this yearThe ACLU of Pennsylvania sued on behalf of voters after a Luzerne County official unilaterally decided to remove the county’s referral boxes. The county official eventually reversed course.

Does my county have postal ballot boxes?

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

The Pennsylvania legislature and governor did not ban the tapes, but neither did they formally enshrine their use in state law. This means that boxes are allowed but not required, which is why their use varies from state to state.

Some counties, such as Delaware and Philadelphia, have many drop boxes as well as satellite election offices. These locations serve as the primary election office in the county and allow voters to request mail-in ballots, receive instructions for filling them out, and submit them all in one place.

Other counties, such as Lancaster, reject ballot boxes altogether. If voters in such counties wish to submit a mail-in ballot in person, their only option is to go to the county election office during business hours.

Are ballot boxes safe?

There are no laws governing delivery boxes, 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 the boxes for potentially suspicious activity, such as someone leaving multiple ballots and for tampering. In three states this yearballots in drop boxes and a mailbox were set on fire.

The Pennsylvania Department of State issued its the most recent guidance on drop boxes in September 2023. The document states that if county boards of elections choose to provide voters with a “secure container that allows voters to return their completed ballot” without using the mail, then that container, or box placement, should comply with certain security measures. the standards.

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

The guidance also says that the box must 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 otherwise protected.

Counties would also be required to retain dropbox 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 cast a ballot in, even for people with mobility issues, and that they should be accessible from a wheelchair.

The ballot return space should be clearly marked and small enough to prevent people from reaching inside, and should also minimize the likelihood that a person could spill a liquid inside or that rain would enter. In addition, it should be clearly marked with official government markings. 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 polls open 24 hours a day?

Some are, while others are only open during certain hours. Hours of operation for the 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 up to and including 8 p.m.,” although counties are free to keep different hours.

Can I send my ballot to any box?

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

Can someone return my ballot in a box?

No, voters can only return their own ballot to drop boxes (or any other ballot return facility), and the Pennsylvania Department of State recommends that counties observe this regulation regarding signs on or in around the boxes.

This rule has baffled even people who know state election politics. In 2021, then-Gov. Tom Wolf’s wife has cast her ballot in a box for him. A spokesman 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 absentee ballot and similarly designates someone to drop out using another official form.

90.5 WESA partners with Spotlight PA, a collaborative, reader-funded newsroom that produces accountability journalism for all of Pennsylvania. More at spotlightpa.org.