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Processing, counting, and challenging absentee/mail-in ballots in Pennsylvania, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Pennsylvania for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

  • How ballots are processed and counted
  • Whether ballots can be challenged
  • Conditions for rejecting a ballot
  • Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Pennsylvania for the November 2020 election.

Absentee voting in Pennsylvania: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

No

What was the deadline for requesting a ballot by mail?

Oct. 27, 2020

Was the request deadline a postmark or receipt deadline?

Received

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Postmarked

Were there notary or witness requirements?

No requirement


Processing ballots

Officials in Pennsylvania began processing absentee/mail-in ballots at 7:00am on November 3, 2020. As of November 2020, Pennsylvania law included the following provision for processing absentee/mail-in ballots:

“ (a) The county boards of election, upon receipt of official absentee ballots in such envelopes, shall safely keep the same in sealed or locked containers until they distribute same to the appropriate local election districts in a manner prescribed by the Secretary of the Commonwealth.

Except as provided in section 1302.1(a.2),  1 the county board of elections shall then distribute the absentee ballots, unopened, to the absentee voter's respective election district concurrently with the distribution of the other election supplies.[2]

”


See law: Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 3146.8.

Counting ballots

Officials in Pennsylvania began counting absentee/mail-in ballots at 7:00am on November 3, 2020. As of November 2020, Pennsylvania law included the following provision for counting absentee/mail-in ballots:

“ Absentee ballots shall be canvassed immediately and continuously without interruption until completed after the close of the polls on the day of the election in each election district.  The results of the canvass of the absentee ballots shall then be included in and returned to the county board with the returns of that district.  Except as provided in section 1302.1(a.2) and subsection (g), no  2 absentee ballot shall be counted which is received in the office of the county board of election later than five o'clock P.M. on the Friday immediately preceding the primary or November election.

(b) Watchers shall be permitted to be present when the envelopes containing official absentee ballots are opened and when such ballots are counted and recorded.

(b.1) In all election districts in which electronic voting systems are used, absentee ballots shall be opened at the election district, checked for write-in votes in accordance with section 1113-A 3 and then either hand-counted or counted by means of the automatic tabulation equipment, whatever the case may be.[2]

”


See law:Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 3146.8.

Pennsylvania law included the following provision for who may count absentee/mail-in ballots:

“ All primaries and elections shall be conducted in each election district by a district election board consisting of a judge of election, a majority inspector of election and a minority inspector of election, assisted by clerks and machine inspectors in certain cases, as hereinafter provided.  The judge and inspectors of election of each election district shall be elected by the electors thereof at the municipal election, and shall hold office for a term of four years from the first Monday of January next succeeding their election.  Each elector may vote for one person as judge and for one person as inspector, and the person receiving the highest number of votes for judge shall be declared elected judge of election, the person receiving the highest number of votes for inspector shall be declared elected majority inspector of election, and the person receiving the second highest number of votes for inspector shall be declared elected minority inspector of election.[2] ”


See law: Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 2671

Pennsylvania law included the following provision for poll watchers:

“ (a) Each candidate for nomination or election at any election shall be entitled to appoint two watchers for each election district in which such candidate is voted for.  Each political party and each political body which has nominated candidates in accordance with the provisions of this act, shall be entitled to appoint three watchers at any general, municipal or special election for each election district in which the candidates of such party or political body are to be voted for.  Such watchers shall serve without expense to the county.[2] ”


See law:Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 2687

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Pennsylvania law included the following provision for challenging ballots:

“ the local election board shall announce the name of the elector and shall give any watcher present an opportunity to challenge any absentee elector upon the ground or grounds (1) that the absentee elector is not a qualified elector;  or (2) that the absentee elector was within the municipality of his residence on the day of the primary or election during the period the polls were open, except where he was in military service or except in the case where his ballot was obtained for the reason that he was unable to appear personally at the polling place because of illness or physical disability;  or (3) that the absentee elector was able to appear personally at the polling place on the day of the primary or election during the period the polls were open in the case his ballot was obtained for the reason that he was unable to appear personally at the polling place because of illness or physical disability.[2] ”


See law: Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 3146.8.

As of November 2020, Pennsylvania law included the following provision for handling challenged ballots:

“ With respect to the challenged ballots, they shall be returned to the county board with the returns of the local election district where they shall be placed unopened in a secure, safe and sealed container in the custody of the county board until it shall fix a time and place for a formal hearing of all such challenges and notice shall be given where possible to all absentee electors thus challenged and to every attorney, watcher or candidate who made such challenge.  The time for the hearing shall not be later than seven (7) days after the date of said challenge.  On the day fixed for said hearing, the county board shall proceed without delay to hear said challenges and, in hearing the testimony, the county board shall not be bound by technical rules of evidence.  The testimony presented shall be stenographically recorded and made part of the record of the hearing.  The decision of the county board in upholding or dismissing any challenge may be reviewed by the court of common pleas of the county upon a petition filed by any person aggrieved by the decision of the county board.  Such appeal shall be taken, within two (2) days after such decision shall have been made, whether reduced to writing or not, to the court of common pleas setting forth the objections to the county board's decision and praying for an order reversing same.  Pending the final determination of all appeals, the county board shall suspend any action in canvassing and computing all challenged ballots irrespective of whether or not appeal was taken from the county board's decision.  Upon completion of the computation of the returns of the county, the votes cast upon the challenged official absentee ballots shall be added to the other votes cast within the county.[2] ”


See law: Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 3146.8.

Rejecting ballots

As of November 2020, Pennsylvania law included the following provision for rejecting absentee/mail-in ballots:

“ (d) Whenever it shall appear by due proof that any absentee elector who has returned his ballot in accordance with the provisions of this act has died prior to the opening of the polls on the day of the primary or election, the ballot of such deceased elector shall be rejected by the canvassers but the counting of the ballot of an elector thus deceased shall not of itself invalidate any nomination or election.

(e) At such time the local election board shall then further examine the declaration on each envelope not so set aside and shall compare the information thereon with that contained in the “Registered Absentee Voters File,” the absentee voters' list and the “Military Veterans and Emergency Civilians Absentee Voters File.”  If the local election board is satisfied that the declaration is sufficient and the information contained in the “Registered Absentee Voters File,” the absentee voters' list and the “Military Veterans and Emergency Civilians Absentee Voters File” verifies his right to vote, the local election board shall announce the name of the elector and shall give any watcher present an opportunity to challenge any absentee elector[2]

”


See law: Pennsylvania Statutes Title 25 P.S. Elections & Electoral Districts § 3146.8.

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]

As of October 2020, Pennsylvania did not have a provision for challenging ballots in state law.


Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

See also


Footnotes

  1. ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020
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