On October 31, 2019, Governor Wolf signed Act 77 of 2019 into law. The Act is a historic election reform bill that makes the most significant improvements to Pennsylvania’s elections in more than 80 years.
Act 77 makes a number of improvements, including more convenient and secure voting, most voters can now vote by mail-in ballot, and voters will have more time to register to vote and to return their absentee or mail-in ballots. Additionally, Act 77 provides $90 million in funding for new voting systems.
No-Excuse Mail-In and Absentee Voting
Act 77 states that Pennsylvania voters may vote by mail-in ballot without the need to provide a reason or excuse. To vote by mail you must apply for a mail-in ballot and the county must receive your application for a mail-in ballot no later than 5pm on the Tuesday before Election Day.
You may return your voted mail-in ballot by mail using the envelope provided or drop it off in person at the Lancaster County Board of Elections office. Whichever method you choose, the county must receive your voted ballot no later than 8pm on Election Day in order for it to be counted.
If the county receives your voted mail-in ballot by 8pm on Election Day, your vote is considered final and you may not vote in person at your polling place. However, if the county does not receive your ballot by 8pm on Election Day, you may request to vote by provisional ballot at your polling place. You can track your mail-in ballot here.
Annual Mail Ballot (Application) List
You may request to be placed on a permanent mail-in voter list to automatically have a mail-in ballot application mailed to you by the first Monday of February of each year.
Note that this only means that you will automatically receive a mail-in ballot application, each year—you must still complete and return the application every year to receive your actual mail-in ballot.
Once you’ve completed and returned the application for a given year, the county will send you ballots by mail for all elections that take place within the same year, as well as for any special election held through the third Monday in February of the following year.
For example: If you return your completed mail-in ballot application in February, you will automatically receive a ballot for the Spring Primary Election and the November General Election, as well as ballots for any special elections held on or before the third Monday in February of the following year.
Earlier Ballot Mailing
Act 77 authorizes counties to begin processing mail-in applications more than 50 days before the election. Beginning 50 days before the election, counties must begin transmitting mail-in ballots as soon as the ballot is certified and the ballots are available. Counties may await the result of a court proceeding that would affect the content of ballots before delivering mail-in ballots, but in any case, counties must begin to send out mail-in and absentee ballots no later than the second Tuesday before the election.
Voter Registration Deadline
Act 77 moves the deadline to register to vote to 15 days before an election, rather than the previous 30-day rule. If your voter registration application is denied, the deadline to appeal the decision has also changed.
Absentee Balloting
Act 77 simplifies the process for obtaining an emergency absentee ballot. More than one voter may now designate the same person to deliver their ballot. For example, the same hospital employee may deliver ballots for multiple patients.
Act 77 states that counties must process absentee applications beginning 50 days before the election. Counties may wait for the result of a court proceeding that would affect what’s on the ballots before delivering absentee ballots. In any case, counties must begin, at the latest, to deliver absentee ballots by the second Tuesday before the election.
If you have a permanent disability, you may ask to be placed on a permanent absentee voter list. If you are on this list, you will have an absentee ballot application mailed to you by the first Monday in February of each year.
Note that this only means that you will automatically receive a mail-in ballot application, each year—you must still complete and return the application every year to receive your actual mail-in ballot.
Once you’ve completed and returned the application for a given year, the county will send you ballots by mail for all elections that take place within the same year, as well as for any special election held through the third Monday in February of the following year.
No Straight-Party Voting Shortcut
Act 77 removes the “straight-party” shortcut from ballots and voting machines that allowed voters to automatically select all candidates from one party. You may still choose to vote for all candidates of one party, but you will have to manually select them one at a time.
No Stickers to Vote for Write-in Candidates
Act 77 bans stickers with the names of write-in candidates because ballot-scanning machines cannot read them and may become jammed. The names of write-in candidates may be handwritten or stamped in ink.
Circulators of Nomination Petitions
Act 77 states that circulators of nomination petitions from the major political parties no longer need to be residents of the election district where they circulate petitions, though they must still be registered to vote in Pennsylvania. Rather than a notarized affidavit, petition circulators will now complete a signed “Statement of Circulator” for signature pages under penalty of perjury.
Circulators of Nomination Papers
Act 77 codifies caselaw relating to nomination papers filed by minor political party and political-body candidates seeking to be placed on the ballot. Circulators of nomination papers do not need to be registered voters in Pennsylvania or Pennsylvania residents. Rather than a notarized affidavit, circulators of nomination pagers will now complete a signed “Statement of Circulator” for signature pages under penalty of perjury.
$90 million in Bond Funding
Act 77 authorizes the Department of State to apply to the Pennsylvania Economic Development Financing Authority (PEDFA) for a bond issuance of up to $90 million. The proceeds of the bond will be used to fund a grant program that will reimburse counties for 60 percent of the costs of their new voting systems. The Act also provides that any money left over after all counties have been reimbursed can be used by counties to purchase election security equipment.
Census/Redistricting Blackout Period
Act 77 initiates a voting district (or precinct) freeze until after the decennial census. Starting December 31, 2019, counties may not alter (with few exceptions) a voting district until November 30, 2020, or until all judicial appeals to the 2022 Congressional Redistricting Plan are resolved, whichever occurs later.
County Ballot Printing
Act 77 requires counties to print at least 10% more ballots than the greatest number of ballots cast in the last three elections of the same type (ie: municipal primary or midterm general election) in non-presidential years. In presidential election years, counties will be required to print at least 15% percent more ballots than the greatest number of ballots cast in the last three presidential elections.
Canvassing of Ballots
Absentee and mail-in ballots must now be counted centrally at the County Board of Elections office and may no longer be counted at polling places. Canvassing (or counting) must begin by the third day after Election Day and must be finished within eight days after the election.
Improved Public Recordkeeping
Counties must keep additional public records of dates related to absentee and mail-in ballots, including:
- Date the county receives the application
- Date the application is approved or rejected
- Date the county mails or delivers the ballot and
- Date the completed ballot is received Decertification of Voting Systems
The Department of State certifies voting systems that are used in Pennsylvania and has the authority to decertify those machines. Act 77 says that the Department may not decertify a voting system that is being used by 50 percent of counties unless it submits a written plan to the General Assembly at least 180 days in advance containing:
- Reason for the disapproval or decertification
- Estimated cost to replace the decertified voting systems
- Plan for covering the costs of the new systems
- Plan for replacing the decertified voting systems
- Effective date for the decertification of old systems