Pennsylvania’s voting law typically mandates that voters must personally return their own ballots. It explicitly forbids individuals from submitting the ballots of others to drop boxes or county election offices, although there are specific exceptions.
If a voter in Pennsylvania has a disability, they are permitted to assign a person to help return their ballot, as long as they properly complete a “Designated Agent Form.” This document must accompany the ballot and requires both the voter and the designated person’s signatures. Only the individual who is designated can use this form while either retrieving or submitting the ballot or any related voting materials, according to Geoff Morrow from the Pennsylvania Department of State.
This law is applicable whether ballots are returned via mail, deposited in a drop box, or handed in at a county election office, as clarified by Thad Hall, who oversees elections in Mercer County.
Surprisingly, a majority of states in the U.S. allow third parties to return completed ballots under certain conditions, according to assessments by the National Conference of State Legislatures. Many of these regulations apply specifically to caregivers, family, or members of the same household, while some states require proof, such as a signed document, confirming that the designated agent has authorization to submit someone else’s ballot.
The enforcement of Pennsylvania’s ballot return law presents challenges. County election officials are able to verify designated agent forms at county offices, and some jurisdictions have employed technological measures for monitoring drop boxes to ensure security, according to Morrow. However, enforcing regulations regarding mail-in ballots poses significant difficulties. Kathy Boockvar, the former secretary of state and now president of an election consultancy firm, noted that enforcing such laws is complicated. “There’s really very little ability to enforce something like somebody putting a ballot in the mail,” Boockvar explained. “People have been mailing letters for each other forever.”
The Pennsylvania Department of State encourages anyone who suspects any form of criminal activity with mail ballot returns to reach out to their local law enforcement or district attorney’s office, as stated by Morrow.
Forrest Lehman, who directs elections and registration in Lycoming County, stated that his office has encountered situations where individuals mistakenly attempt to return ballots for their spouses due to a lack of understanding of the rules.
A notable case arose in November 2021, when former Governor Tom Wolf revealed that his wife submitted his mail-in ballot. His spokesperson referred to the incident as an honest mistake. Following this, the York County District Attorney’s Office received multiple complaints, but no charges were ever filed. The chief county detective conducted an investigation and reported no irregularities involving the ballot, nor did evidence from eyewitnesses or video surveillance material substantiate any claims, according to Kyle King, the chief administrator. The district attorney’s office reviewed the matter and determined that the evidence was insufficient for any legal action.
This article is part of a series aimed at elucidating aspects of Pennsylvania elections, collaboratively produced by WITF in Harrisburg.