Malcolm Rivera
In Pennsylvania, registered voters can request either a no-excuse mail-in ballot or an absentee ballot. However, the state's mail-in voting system has been challenged in court by Republican officials, who argue that the state constitution does not allow Pennsylvanians to vote by mail without an excuse. The state Supreme Court has upheld the mail ballot law, but the debate continues, with some pursuing legal avenues to have the law thrown out.
| Characteristics | Values |
|---|---|
| Does the PA constitution prohibit mail-in voting? | No, the PA constitution does not prohibit mail-in voting. The state Supreme Court has upheld Pennsylvania's mail ballot law, allowing no-excuse mail voting. |
| Who can vote by mail? | Any registered voter in Pennsylvania may apply to vote by mail without providing a reason. |
| How to apply for mail-in voting? | Registered voters can apply for a mail-in ballot online with a valid PA driver's license, PennDOT-issued photo ID, or the last 4 digits of their Social Security number. |
| Who can vote by absentee ballot? | Voters who will be out of their municipality on Election Day or have a disability or illness that prevents them from going to their polling place can request an absentee ballot, which requires providing a reason. |
| How to apply for an absentee ballot? | Voters can download and complete a paper application and mail it to their county election office at least one week before the election. Military and overseas civilian voters can find information on obtaining an absentee ballot on the military and overseas voter page. |
| Can someone else submit the ballot? | Yes, voters with disabilities who cannot deliver their mail ballot may designate an agent to deliver their ballot materials. |
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What You'll Learn
The state Supreme Court upholds no-excuse mail voting
In Pennsylvania, registered voters can request either a no-excuse mail-in ballot or an absentee ballot. Voters do not need to provide a reason for wanting to vote by mail-in ballot, but they must provide a reason for requesting an absentee ballot. Absentee ballots are available for those who cannot make it to their polling place due to illness, disability, work, travel, or military service.
In 2019, Gov. Tom Wolf signed the act authorizing "no-excuses" voting into law, calling it a "bipartisan compromise legislation" that marked "the most significant improvement to Pennsylvania's elections in more than a decade." This law, known as Act 77, was first used in the 2020 presidential election.
However, Republican officials challenged the law, arguing that the legislature did not have the power under the state constitution to allow no-excuse mail voting. They contended that permitting no-excuse mail voting required amending the state constitution through a lengthy process involving voter input. This argument was first used in a 2020 lawsuit by U.S. Rep. Mike Kelly (R-Pa.), which attempted to invalidate 2.5 million mail-in votes and potentially sway the state's electoral votes toward former President Donald Trump.
In 2024, the Pennsylvania Supreme Court upheld the no-excuse mail voting law in a 5-2 decision. The justices rejected the GOP's argument, preserving a popular voting method that passed with bipartisan support. Justice Christine Donohue wrote in the majority opinion that the Pennsylvania General Assembly has the power to make such decisions. Republican officials have stated their intention to appeal and pursue other legal avenues to challenge the law.
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GOP argument that the legislature did not have the power to allow no-excuse mail voting
In Pennsylvania, registered voters can request either a no-excuse mail-in ballot or an absentee ballot. For the former, any registered voter may apply to vote by mail in the next election without needing to provide a reason for wanting to vote by mail ballot. However, this provision has been challenged by the GOP, which argues that the legislature did not have the power under the state constitution to allow no-excuse mail voting.
The 2019 law, known as Act 77, was first employed during the 2020 presidential election and marked the most significant expansion of voting access in Pennsylvania in decades. Republican elected officials brought a suit challenging the law, which was rejected by the state Supreme Court in a 5-2 decision. The justices upheld the legislature's power to allow no-excuse mail voting, stating that the Pennsylvania General Assembly is endowed with great legislative power, subject only to express restrictions in the Constitution.
The GOP argument centres on the claim that the legislature did not follow the proper constitutional procedures to expand exceptions to in-person voting and institute a system of universal mail voting. They contend that exceptions to in-person voting have historically been established for specific cases, such as absentee voting by military personnel, disabled veterans, and religious observances, and that these exceptions were approved by two successive legislative sessions and voters. In their view, the Act 77 authorizing no-excuse mail voting did not go through the required process and is therefore unconstitutional.
The plaintiffs in the suit asked the court to declare the mail-in ballot scheme unconstitutional and invalidate any certification of results that included unauthorized votes, including mail-in ballots that did not meet the constitutional requirements. They argued that the Legislature first recognized their constitutional restraints and the need to amend the constitution to enact mail voting but then abandoned their efforts to comply with the constitution. However, the state Supreme Court Justice Christine Donohue wrote that while the expansion of voting rights may not be permanent, the legislature's decision was lawful and based on the authority afforded by the state Charter.
Outside of the courts, there is some support among Republicans in the legislature to repeal Act 77, with lawmakers in the state House and Senate introducing legislation to that effect. However, these proposals have not been brought up for a vote, and they would also face a guaranteed veto. While some GOP legislative leaders continue to argue for election law changes, they have not committed to advancing legislation that would repeal mail voting. The ruling by the state Supreme Court ensures that mail-in voting remains in place for the upcoming midterm elections, preserving voters' options to cast their ballots legally in person or by mail.
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Universal mail voting and absentee voting
Universal mail voting, also known as "vote by mail", is a system where states mail ballots to all registered voters, allowing them to cast their votes through the mail without having to provide a reason for doing so. This method gained prominence during the 2020 elections and the COVID-19 pandemic, with 32% of voters choosing to vote by mail in that election. In most states, universal mail voting is not implemented, and voters must request an absentee ballot if they wish to vote by mail.
Absentee voting, on the other hand, has a longer history in the United States. It first arose during the Civil War, allowing soldiers to cast ballots from their battlefield units. Absentee voting became a significant issue again during World War II, with Congress passing laws in 1942 and 1944 to accommodate soldiers stationed overseas. Over time, many states have eased the rules for issuing absentee ballots, and voters can now request them for various reasons, including illness, disability, work, or travel.
In Pennsylvania, there has been a legal challenge to the expansion of mail-in voting, with plaintiffs arguing that the GOP-controlled Legislature did not follow proper constitutional procedures to implement universal mail voting. They are asking the court to invalidate non-absentee mail ballots. However, courts have rejected Republican demands to throw out ballots or stop vote counting.
Proponents of universal mail voting argue that it increases voter turnout and accessibility, especially for those who may have difficulties voting in person. On the other hand, critics argue that it could jeopardize the integrity of the voting process and increase the potential for fraud. They suggest that states should focus on improving absentee voting processes, ensuring that only registered voters can request absentee ballots and implementing security measures for ballot collection.
In summary, universal mail voting and absentee voting are two distinct methods of voting by mail. While universal mail voting involves sending ballots to all registered voters, absentee voting requires voters to request a ballot and provide a valid reason for their absence on Election Day. The debate around these methods of voting centers on balancing voter accessibility and civic engagement while maintaining the integrity and security of the voting process.
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Pennsylvania's General Assembly to strengthen election integrity
In Pennsylvania, registered voters can request either a no-excuse mail-in ballot or an absentee ballot. Mail-in ballots can be requested by any registered voter without needing to provide a reason for wanting to vote by mail. Absentee ballots, on the other hand, are for voters who will be out of their municipality on Election Day or have a disability or illness that prevents them from going to their polling place. These voters must provide a reason for requesting an absentee ballot.
The state's mail-in ballot system has faced legal challenges, with plaintiffs arguing that the GOP-controlled Legislature did not follow the proper constitutional procedures to expand exceptions to in-person voting and implement universal mail voting. However, the Pennsylvania Supreme Court upheld the state's mail ballot law, preserving a voting method that passed with bipartisan support.
To strengthen election integrity, the Pennsylvania General Assembly can take several actions. Firstly, they can ensure that any changes to election laws follow the established constitutional amendment process, allowing voters to decide on the matter through a ballot question. This promotes transparency and ensures that any modifications to the election process are properly vetted and approved.
Secondly, the General Assembly can work towards enhancing voter accessibility and security. This includes providing secure and convenient options for voters with disabilities, such as the ability to mark their ballots electronically or designate an agent to deliver their ballot materials. Additionally, the General Assembly can implement measures to verify voter identities and prevent fraud, such as voter identification requirements or the use of voter-verifiable paper records.
Furthermore, the General Assembly can focus on improving the efficiency and accuracy of the vote-counting process. This may involve adopting standardized voting systems that produce paper ballots, counted manually by local officials, reducing the potential for disputes. Collaborating with other states or following models from countries with robust election systems, such as Germany, Canada, Denmark, and Sweden, can help streamline the process and enhance integrity.
By focusing on constitutional adherence, voter accessibility and security, and efficient vote-counting processes, the Pennsylvania General Assembly can play a pivotal role in strengthening election integrity and ensuring that the election process is secure, transparent, and trustworthy for all Pennsylvanians.
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The mail-in ballot scheme is unconstitutional
In Pennsylvania, registered voters can request a no-excuse mail-in ballot or an absentee ballot. While the former does not require a reason for wanting to vote by mail, the latter is available only to those who cannot make it to their polling place on Election Day due to illness, disability, work, or travel.
In 2019, Gov. Tom Wolf signed the "no-excuses" voting law, Act 77, into law, marking the most significant improvement to Pennsylvania's elections in decades. However, this law has been challenged by Republican elected officials, who argue that the legislature did not have the power under the state constitution to allow Pennsylvanians to vote by mail without an excuse.
In 2020, U.S. Rep. Mike Kelly (R-Pa.) filed a lawsuit claiming that the mail-in ballot scheme was unconstitutional and asking the court to throw out 2.6 million mail-in votes, which likely would have given the state's 20 electoral votes to former President Donald Trump. The suit contended that neither the act authorizing no-excuses mail voting nor a constitutional amendment proposed at the same time went through the proper constitutional procedures.
A lower appellate court initially ruled in favor of the GOP officials, agreeing that permitting no-excuse mail voting through a statutory change violated the state constitution and court precedent. However, in 2024, the Pennsylvania Supreme Court upheld the no-excuse mail voting law, rejecting the GOP argument.
Despite this ruling, some Republican state lawmakers are pursuing legal avenues to have the entire law thrown out, and Bonner, a Republican state legislator, has expressed support for sending a proposed constitutional amendment to repeal Act 77.
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Frequently asked questions
No, it does not. The state Supreme Court has upheld Pennsylvania's mail ballot law, allowing registered voters to request a no-excuse mail-in ballot or an absentee ballot.
Any registered voter in Pennsylvania may apply to vote by mail in the next election without needing to provide a reason for wanting to vote by mail.
If you are unable to be in your municipality on Election Day or if you have a disability or illness that prevents you from going to your polling place, you can request an absentee ballot. This type of ballot requires you to provide a reason for wanting to vote by mail.
Registered voters can apply for a mail-in or absentee ballot online using a valid PA driver's license, PennDOT-issued photo ID, or the last four digits of their Social Security number. You must also provide an email address to receive ballot status notifications.
Yes, if you are a military or overseas civilian voter, you can visit your county election office or another designated location to apply for and submit your mail ballot in person.
