Pennsylvania's Election Laws: What Rules Were Broken?

Pennsylvania's voting laws have not changed since 2020, despite attempts by lawmakers to make changes. The state has a divided government, with the Democrats narrowly controlling the state House, the Republicans controlling the state Senate, and a Democratic governor. This has resulted in a stalemate, with neither party able to pass their preferred legislation. While some see this as a positive, maintaining the status quo, others argue that it has prevented much-needed reforms from being implemented. One example is the inability to process mail ballots until Election Day, which can delay the release of election results. This lack of change in Pennsylvania contrasts with other battleground states, such as Michigan, Georgia, and North Carolina, which have enacted new voting laws since 2020.

Absentee ballots and the lack of pre-processing and pre-canvassing

Act 77, passed in 2019, made significant changes to Pennsylvania's election code, including allowing voters to request mail-in ballots without providing a reason. This change, along with the COVID-19 pandemic, led to an increase in mail-in ballots for the 2020 election.

However, Pennsylvania law does not permit the pre-processing and pre-canvassing of absentee ballots, which are processes that allow officials to prepare and count these ballots before Election Day. This lack of pre-processing and pre-canvassing resulted in a mail ballot backlog and delayed results in the 2020 election.

Efforts to address this issue through legislation, such as House Bill 847, have stalled in the state senate, leaving the issue unresolved ahead of the 2024 election. This means that Pennsylvania will likely be among the later states to report results this November.

The lack of pre-processing and pre-canvassing of absentee ballots in Pennsylvania has been cited as an example of restrictive voting laws, which can make it harder for citizens to cast their votes and have them counted. In the lead-up to the 2024 election, there are concerns that the state's election laws could disenfranchise voters and impact the outcome.

The situation in Pennsylvania highlights the ongoing debate and legal battles surrounding voting laws in the United States, with some states enacting restrictive measures while others expand access.

Mail-in ballots and the deadline for receiving them

In Pennsylvania, registered voters can vote before Election Day by completing and returning their mail-in ballot. The deadline for a county to receive a regular civilian absentee ballot is 8:00 p.m. on Election Day. Any ballots received after this time will not be counted unless a court has extended the deadline.

The deadline for voters to request a mail-in ballot is 5:00 p.m. on the Tuesday before the election. Voters can return their voted mail-in ballot by mailing it to their county board of elections or by dropping it off in person at the board of election's office. The deadline for the county to receive the voted mail-in ballot is 8:00 p.m. on Election Day. If a voter is sent a mail-in ballot and the county receives their voted ballot by the deadline, they may not vote at their polling place.

Pennsylvania does not have early voting in the same way that many other states do. Although voters can return their mail ballots before Election Day, state law does not allow election officials to open those ballots and prepare them for counting until 7:00 a.m. on Election Day. In addition, there are no polling places open for in-person voting before Election Day.

Pennsylvania's lack of change in voting laws means that, unlike in other states, they cannot process mail ballots until Election Day. This means that the vote count on election night may take longer than in other states.

Ballot counting and the time it takes

Ballot counting in Pennsylvania is a meticulous and secure process. Absentee and mail-in ballots are counted centrally at the county board of elections office and are not sent to polling places to be counted. The counting process must begin on the third day after election day and must be finished within eight days after the election.

In Pennsylvania, registered voters can vote before Election Day only by completing and returning their mail-in ballot. Although voters can return their mail ballots up to and including Election Day, they must apply for their mail ballot by 5 p.m. on the Tuesday before the election. While voters can return their completed ballot before Election Day, state law does not allow election officials to open those ballots and prepare them for counting – a process known as pre-canvassing – until 7 a.m. on Election Day.

Pennsylvania does not have early voting in the way that many other states do. There are no polling places open for in-person voting before Election Day. Therefore, Pennsylvania does not have “early voting” tallies to report. Results will begin to be reported after the polls close at 8 p.m. on Election Day.

The lack of pre-processing and pre-canvassing of absentee ballots in Pennsylvania means that poll workers are unable to get a head start on handling the hundreds of thousands of ballots that arrive before Election Day. This is why the state experienced a mail ballot backlog and had to count beyond Election Day in 2020. A bill to address the issue passed the state house on a party-line vote but stalled in the senate, meaning that Pennsylvania will likely be among the later states to report results in November 2024.

Changes to the voter registration deadline

The deadline to register to vote in Pennsylvania changed from 30 days to 15 days before an election. This was part of the Act 77 election reform bill, which was signed into law by Governor Wolf in 2019. The Act also allowed voters to request a mail-in ballot without providing a reason and made other improvements to the voting process, such as allowing more time to return absentee or mail-in ballots.

The changes were described by Governor Wolf as the "most significant improvement to Pennsylvania’s elections in more than 80 years". However, there has been criticism of the lack of change to voting laws in Pennsylvania since 2020, with some calling for reforms to be made to the processing of mail ballots. For example, mail ballots cannot be processed until Election Day, which can cause a delay in the release of election results.

Straight-party voting and the removal of the shortcut button

In the US state of Pennsylvania, voters can no longer use a shortcut straight-party button to vote for all candidates from one party. This change was implemented as part of Act 77, which was introduced in February 2020. While this reform removes the convenience of a single button, voters are still free to select only candidates from one party. They simply need to select each candidate individually.

This change brings Pennsylvania into line with most other US states, which have long abandoned straight-party voting. The removal of the shortcut button is intended to encourage voters to consider each candidate on their merits, rather than simply voting along party lines. It also gives voters greater flexibility, allowing them to split their votes between different parties.

The Pennsylvania Election Code, established in 1937, outlines the regulations for elections in the state. The code stipulates that voters can only vote for candidates for nonpartisan nomination or candidates seeking nomination by the political party with which they are registered. It also permits voters to cast ballots for persons whose names do not appear on the machine, provided they are lawfully entitled to vote for them.

The code further mandates that each election district provide an adequate number of voting machines for its electors. In cases where the number of candidates in a primary election is so large that it requires voting machines dedicated to a single political party, two machines of the same kind must be provided for any party with more than 350 registered qualified electors in that district.

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