Updated: September 21, 2020
As Election Day approaches, your options to cast your ballot are becoming clearer. As always, you can choose to vote in person. Find your polling place here. Mail-in voting is also easy and secure. And, on September 17, the Supreme Court of Pennsylvania cleared up many of the most pressing questions about voting by mail, when it ruled on four election-related issues in Pennsylvania Democratic Party v. Boockvar, a case in which the Law Center represented voters and voting organizations. A breakdown of the ruling, and what it means for voters using mail-in ballots, is below. We will be updating this periodically as more information becomes available.
Issue I: Deadlines for the Receipt of Ballots
The Petitioners asked the Court to extend the deadline for the receipt of mail-in ballots.
Ruling
The Court agreed to extend the deadline for county election offices to receive ballots from 8:00 PM on Election Day (November 3) until 5:00 PM on Friday, November 6, so long as the voter mails the ballot by 8:00 PM on Election Day.
What does this mean for me?
You should still apply for your ballot as soon as possible, then mail it as early as you can! Request a mail-in ballot here. You must mail your ballot by 8:00 PM on Election Day. If you mail your ballot on Election Day, be sure to check the specified pick-up time for your USPS box, as ballots postmarked after 8:00 PM on Election Day will not be counted. Now, depending on your county, there may be an option to drop off your ballot as well. (See below)
Issue II: Drop-Off Locations
The Petitioners asked the Court to declare that Pennsylvania law allows “secure, easily accessible locations … including, where appropriate, mobile or temporary collection sites, and/or drop-boxes for the collection of mail-in ballots.”
Ruling
The court ruled in favor of the Petitioners and held that counties may set up drop-off locations and collection sites for mail-in ballots.
What does this mean for me?
If you are voting by mail, find out whether your county will set up drop boxes and collection sites and if so, where. Use this tool to find contact information for your county’s election officials. If your county does offer drop boxes, you should complete your ballot materials carefully following the instructions, and then return the completed ballot in its sealed secrecy envelope and in its second, outer mailing envelope (see below) to your local drop box or collection site before 8:00 PM on Election Day. Be sure to check the hours for your local drop box or collection site as they may vary and may require earlier drop off.
You are still free to mail your ballot, if you desire, but drop boxes are particularly useful if Election Day is approaching and you are not sure whether there is enough time remaining to ensure that your ballot will be delivered before the deadline if you mail it through the Postal Service.
Remember that only the voter can return the ballot, unless the voter has a physical disability or is hospitalized. You have to return the ballot yourself, meaning you should deposit your own ballot into the drop-box or the USPS box, and you cannot put anyone else’s ballot in a drop-box or a USPS box for them.
What should I ask my county elections board to do?
Ask your county elections board to offer drop boxes and then publicize broadly where and when those will be available.
Issue III: Naked Ballots
Pennsylvania Election Law requires people voting by mail to put their ballots in a “secrecy envelope,” and then put that sealed envelope in a second, outer mailing envelope. The Petitioners asked the Court to order that ballots be counted, even if people forgot to put their ballots in the secrecy envelope.
Ruling
The Court refused the Petitioners’ request. Any ballot that is submitted without a secrecy envelope will not be counted.
What does this mean to me?
You, and your family and friends, must be especially careful when you are completing and returning your mail-in ballot to make sure you seal your ballot inside the inner secrecy envelope before placing it in the outer mailing envelope. Read the instructions carefully!
What should I ask my county elections board to do?
Ask your county elections board to create a public information campaign that shows people the difference between a secrecy envelope and the outside envelope, so they understand how to use both.
Issue IV: Other Mistakes on Mail-In Ballots
The Petitioners asked the Court to order county boards of elections to contact voters if their ballot was completed incorrectly; for example, if the voter forgets to sign in the necessary places.
Ruling
The Court refused Petitioners’ request. If a voter forgets to sign the ballot or puts unnecessary marks on the envelopes, the ballot may not be counted.
What does this mean to me?
Again, you, and your family and friends, should read the instructions carefully and double-check to make sure you have put your signature in all of the places necessary.
What should I ask my county elections board to do?
Ask your county elections board to create a public information and social media campaign to show the ballot and all of the places that a signature is necessary. If it is not too late, ask your county elections board to get expert help to make sure that the instructions accompanying the ballot are clear and easy to understand. This could include prominent markings on the ballot materials to show where the signatures are needed.
More questions about vote by mail? Submit them to wburstein@pubintlaw.org.
