Elections 101: Why some Pa. counties have mail ballot drop boxes and others don’t

HARRISBURG — They may be called mail ballots, but there’s more than one way to return them in Pennsylvania.

In many counties across the commonwealth, voters have the opportunity to deposit their completed mail ballots into secure drop boxes. These enable Pennsylvanians to make sure ballots reach county election offices before the 8 p.m. Election Day deadline without risking mail delays.

Still, some public figures, including former President Donald Trump, have sought to ban drop boxes, claiming they aren’t allowed under state law and that they are susceptible to fraud.

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

Are ballot drop boxes legal in Pennsylvania?

Counties began widespread adoption of the ballot-return tool in 2020, when the COVID-19 pandemic was keeping people from congregating indoors and the Postal Service was plagued by delays.

However, drop boxes aren’t explicitly mentioned in state election law, which has made them vulnerable to legal and political attacks.

Ahead of the November 2020 election, Trump’s campaign filed a lawsuit in federal court attempting to get drop boxes banned, claiming they were unconstitutional and citing security concerns. Democratic elected officials also filed a petition in state court asking judges to confirm whether drop boxes were legal, among other things.

The Pennsylvania Supreme Court ruled that they are permissible, with then-Justice Max Baer writing that the majority conclusion stemmed from “the clear legislative intent underlying Act 77 [Pennsylvania’s mail voting law] … to provide electors with options to vote outside of traditional polling places.”

A federal judge then issued a similar ruling, dismissing Trump’s suit. The judge said the campaign’s fraud concerns were “speculative” and that “the job of an unelected federal judge isn't to suggest election improvements, especially when those improvements contradict the reasoned judgment of democratically elected officials."

Since then, there has been scattered action around drop boxes. The Republican-controlled state Senate in 2022 passed a bill that would have banned them, but it failed to advance in the state House. 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 drop boxes. The county official ultimately reversed course.

Does my county have mail ballot drop boxes?

Thirty-four Pennsylvania counties have at least one drop box, while 33 do not. You can check if your county has them at vote.pa.

The Pennsylvania legislature and governor haven’t banned drop boxes, but they also haven’t formally enshrined their use in state law. This means drop boxes are permitted, but not mandatory, which is why their use varies across the state.

Some counties, like Delaware and Philadelphia, have many drop boxes as well as satellite election offices. These locations function like the main county election office and allow voters to apply for mail ballots, get guidance on filling them out, and drop them off all in one spot.

Other counties, like Lancaster, reject ballot drop boxes completely. If voters in such counties want to drop off a mail ballot in person, their only option is to go to the county election office during business hours.

Are ballot drop boxes safe and secure?

There aren’t any laws governing drop boxes, which is why the Pennsylvania Department of State has provided guidelines for their use and management.

The guidelines advise poll workers on how to monitor drop boxes for potentially suspicious activity, like a person dropping off more than one ballot, and for tampering. In three states this year, ballots in drop boxes and in a mailbox have been set on fire.

The Pennsylvania Department of State issued its most recent guidance on drop boxes in September 2023. The document stipulates that if county election boards opt to offer voters a “secure receptacle that permits voters to return their completed ballot” without using the mail, then that receptacle, or drop box, should meet certain security standards.

Among other things, the drop box should have a lock and a “tamper-evident seal that has a unique identifying 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 be anchored to the ground to prevent movement.

The guidance also says the box should be monitored at all times by authorized staff or a video surveillance system. If it cannot be monitored during certain hours, it should be moved to a secure area that the public can’t access or be otherwise safeguarded.

Counties should also keep drop box surveillance video for a year following the election certification deadline.

The state agency also offers a number of design suggestions for drop boxes, including that it should be relatively easy to deposit a ballot in them, even for people with mobility issues, and that they should be accessible from a wheelchair.

The ballot return slot should be clearly marked and small enough to keep people from reaching inside, and should also minimize the likelihood that a person could pour a liquid inside or that rain could get in. Plus, it should be clearly marked with official government signage, and provide a phone number voters can call to report problems. Among other things, the box should also be marked with legal penalties for tampering with ballots.

Are ballot drop boxes open 24 hours?

Some are, while others are only open during certain times. Hours of operation for drop boxes are listed on the state’s website.

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

Can I drop my ballot at any drop box?

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

Can anyone return my ballot at a drop box?

No, voters may return only their own ballot to drop boxes (or to any other ballot-return facility), and the Pennsylvania Department of State advises that counties note that rule on signs on or around drop boxes.

This rule has foiled even people in the know about state election policy. In 2021, then-Gov. Tom Wolf’s wife deposited his ballot in a drop box for him. A spokesperson said at the time that it was “an honest mistake.”

The only exceptions to this rule are if a voter has a disability and officially designates another person to return their ballot by filling out this state form, or if a voter qualifies to use an emergency absentee ballot and similarly designates someone to drop it off using another official form.