Pennsylvania Election Law: Changes Coming?
Members of the Pennsylvania House General Assembly are looking to revamp the PA Election Code. The last major change to the code occurred in Act 77, which provided for no excuse mail-in ballots. That law led to some unintended consequences that need to be corrected. Some of the new proposed legislation include mandatory ballot drop boxes and electronic poll books, Voter ID that does not require a photo, making Election Day a state holiday, and returning mailed ballot counting to the precincts. Legislators’ goal in updating the Election Code is twofold. First, they hope that more people will take advantage of the electoral process on a regular basis. At the same time, others in the PA House want to bring more security to the electoral process as more people actively vote. Here are the details on a few bills that are being discussed and voted upon:
House Bill 1396
HB 1396 was brought to the floor quickly and passed the state house with a partisan vote of 102-101. Among other things, this bill calls for:
- Mandatory drop boxes (at least two) for mail-in and absentee ballots (currently, counties can choose to use drop boxes and not all counties have them);
- Allowing 16 year-olds to pre-register to vote, although they wouldn’t actually be able to vote until the age of 18;
- Mailed ballots to be opened and scanned prior to Election Day;
- Mandatory use of electronic poll books to sign in voters on Election Day.
This bill may face opposition in the PA Senate, considering what many learned at a hearing held on March 18, 2024 regarding the cyber risks inherent in using electronic voting machines and polls books as part of the election process. See more from the hearing here.
House Bill 771
HB 771 (also known as the Voter ID bill) is actually an anti-voter ID bill. Most people would get behind a voter ID bill to ensure that only U.S. citizens are voting in our elections. And, we think of voter ID as a photo ID for in person voting. However, this bill allows any number of other ways to establish a voter’s identity if a photo ID is not available. These include:
- A piece of mail with the person’s name and address;
- A person from the precinct could vouch for the voter as a neighbor;
- Signing a personal affidavit attesting that the person is who he says he is.
This really doesn’t do what most people would assume it does based on the title. Grass roots organizations followed this bill’s process. When it was about to hit the floor for a vote, they put out the message to have friends and neighbors call/email state house members and demand a “no” vote. As a result, the bill was paused and no vote was taken. However, it could be taken up again at any time. We’ll be watching this one!
House Bill 1158
HB 1158 declares Election Day as a state holiday. This would allow schools to close and, hence, be used as polling locations. Many precincts are too large and don’t comport with the 1,200 person PA statute maximum. If schools were closed, then there would be more available locations to hold in person voting, resulting in smaller precincts. This bill is still in the House State Government Committee but it should garner bi-partisan support. We’ll keep an eye on this one.
House Bill 1162
HB 1162 MIB addresses an issue that arose with the increased use of mail-in ballots and their tabulation at central county locations.
Background: Act 77, signed into law in 2019, allowed for mail-in (no excuse) ballots and central counting of those ballots. Prior to that, absentee ballots (those issued because the voter is out of the precinct on Election Day or is infirmed), were sent to the precincts for opening and counting on Election Day. With Act 77, no longer does the elected Judge of Elections oversee all the votes cast in the precinct. Problems have arisen when an in-person voter is told that a mail-in ballot was already recorded for the voter. Even if the person swears that he/she did not order or use a mail-in ballot, the person’s only choice is to vote provisionally. That mysterious mail-in ballot is not available for inspection or voiding at the precinct. When the ballots are counted, the mail-in ballot will take precedence over a provisional ballot. This potentially disenfranchises the voter.
HB 1162 would bring the opening and tabulation of absentee and mail-in ballots back to precincts, removing them from central counting centers. This bill is still in committee for discussion.
Bottom line…
Tuesday, May 20, 2025, is Primary Election Day for municipal elections. In our representative republic, the voters decide who our judges, school directors, legislators, and supervisors are. If we don’t vote, then others decide the fate of our county, state, and country. It is encouraging to see that legislators are trying to improve our election laws. However, we must be sure they enact good, reasoned changes, rather than sweeping reform that leaves the door open for chaos or suspicion. We’ll be watching the progress of these bills and will keep you updated.
As the Constitutional Convention ended in 1787, Benjamin Franklin was asked if the delegates produced a monarchy or a republic. Franklin replied, “a republic, if you can keep it.”
We are trying to keep this republic that we love and hold our representatives accountable to the people. Join us in that mission and share this Update with your contacts!
