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.
