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Security, locations and more • Spotlight PA


Security, locations and more • Spotlight PA

HARRISBURG — You may call them mail-in ballots, but in Pennsylvania there is more than one way to return them.

In many counties across the Commonwealth, voters have the option to drop their completed mail-in ballots into secure mailboxes. This will allow Pennsylvanians to ensure ballots are received at county election offices before the 8:00 p.m. Election Day deadline without risking postal delays.

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

In fact, both state and federal courts have upheld their use. And while critics point to incidents where people appear to have cast more than one ballot — something not allowed under state law — there is no evidence of widespread fraud. Here's what you need to know:

Counties began widespread adoption of the ballot return tool in 2020, as the COVID-19 pandemic discouraged people from gathering indoors and the Postal Service suffered delays.

However, mailboxes are not explicitly mentioned in the state election law, making them vulnerable to legal and political attacks.

Before the November 2020 election, Trump's campaign filed a lawsuit in federal court seeking a ban on mailboxes, saying they were unconstitutional and citing security concerns. Democratic elected officials also filed a petition in state court asking, among other things, the justices to confirm whether drop boxes are legal.

The Pennsylvania Supreme Court ruled that they were permissible, and then-Justice Max Baer wrote that the majority's decision was based on “the clear legislative intent underlying Act 77 (Pennsylvania's mail-in voting law) … to provide voters the opportunity to to vote outside of traditional polling stations.”

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

Since then, there have been isolated actions around the mailboxes. The Republican-controlled state Senate passed a bill in 2022 that would have banned them, but it failed to gain traction in the state House of Representatives. And in October of this year, the ACLU of Pennsylvania sued on behalf of voters after a Luzerne County official unilaterally decided to remove the county's mailboxes. The district official eventually changed course.

Are there postal ballot boxes in my district?

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

While the Pennsylvania legislature and governor have not banned mailboxes, they have not officially enshrined their use in state law. This means that mailboxes are allowed but not required, so their use varies across states.

Some counties, such as Delaware and Philadelphia, have numerous drop boxes as well as satellite election offices. These locations function like the county's main election office, allowing voters to request mail-in ballots, get advice on filling them out and drop them off in one location.

Other counties, like Lancaster, reject ballot drop boxes entirely. If voters in such counties want to cast their absentee ballots in person, their only option is to go to the county election office during business hours.

Are ballot drop boxes safe and secure?

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

The guidelines advise poll workers how to monitor mailboxes for potentially suspicious activity, such as someone casting more than one ballot, and tampering. Ballots in mailboxes and mailboxes have been set on fire in three states this year.

The Pennsylvania Department of State issued its latest guidance on mailboxes in September 2023. The document specifies that if county election boards choose to offer voters a “secure container that allows voters to return their completed ballot” without using the mail, then that container, or drop box, should meet certain security standards .

Among other things, the mailbox should have a lock and a “tamper-evident seal with 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, weather-resistant material and anchored to the ground to prevent movement.

The guide also states that the box should be monitored at all times by authorized personnel or a video surveillance system. If it cannot be monitored at certain times, it should be moved to a secure area where the public does not have access or it should be protected in some other way.

Counties should also retain surveillance videos of drop boxes for one year after the voter certification deadline.

The state authority also offers a number of suggestions for the design of mailboxes, including that it should be relatively easy for people with limited mobility to post the ballot paper and that the mailboxes should also be accessible by wheelchair.

The ballot return slot should be clearly marked and small enough to prevent people from reaching into it, and it should also minimize the chance that a person will pour a liquid into it or that rain will get in. It should also be clearly marked with official government signage and provide a phone number where voters can report problems. Among other things, the box should also be marked with legal sanctions for manipulating ballot papers.

Are the ballot boxes open 24 hours a day?

Some are, while others are only open at certain times. Dropbox hours are listed on the state's website.

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

Can I drop off my ballot at any mailbox?

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

Can someone return my ballot to a dropbox?

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

This rule has unsettled even people familiar with the state's electoral politics. In 2021, then-Gov. Tom Wolf's wife dropped his ballot into a mailbox 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 formally designates someone else to return their ballot by filling out this state form, or if a voter qualifies to use an emergency absentee ballot and also designates someone , who submits it using another person's official form.

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