This fall, Pennsylvania will continue to be the epicenter of the political world. Both presidential candidates have their eye on the Commonwealth’s potentially scale-tipping 19 electoral votes. Additionally, with a U.S. Senate seat, state row offices, and the General Assembly on the ballot, what occurs in the state’s elections will have a major impact on the every-day lives of Pennsylvanians. Below are some key issues and information on the upcoming election and what the voters can expect in the weeks leading up to November 5.
2024 General Election Key Dates
- October 21: Last day to register to vote.
- October 29: Last day to apply for a mail-in ballot or civilian absentee ballot.
- November 5: Election Day
- Polls are open from 7:00 a.m. to 8:00 p.m.
- The county election office must receive completed mail-in and civilian absentee ballots by 8:00 p.m.
- November 12: Last day for county election office to receive completed military and overseas absentee ballots.
None of the mail-in ballots mentioned above can be opened until 7:00 a.m. on Election Day, as provided in the Pennsylvania Election Code. County election officials cannot remove ballots from the envelopes and prepare them for scanning until then. So, while everyone will be anxious for results, the best we will have are unofficial results, which can be published online once polls close at 8:00 p.m.
Further delaying official results is the adjudication of provisional ballots. In cases where it is unclear if the voter is at the correct polling place, or when a voter has applied for a mail-in ballot but decides to vote in person, it is up to county canvassing boards to decide whether the vote is valid. The boards must convene by 9:00 on the Friday after the election and continue canvassing through November 13. Prepare to be patient.
Election-Related Legislation
Throughout the 2023-2024 legislative session, elections have been a contentious issue in both chambers and across both sides of the aisle. Despite all hope to implement changes to the Election Code prior to the 2024 elections, disagreements between stakeholders persisted and no agreements were reached. Some bills that at least saw some debate and movement are discussed below:
- HB 847 (Conklin, D-Centre) passed finally in the House on May 1, 2024, by a party-line vote of Y:102/N:99. The bill would allow county board of elections to meet up to seven days prior to Election Day to pre-canvass ballots received prior to the meeting. Currently, pre-canvassing cannot begin until 7:00 a.m. on Election Day. The bill would also remove the requirement that pre-canvassing must continue without interruption until all ballots received by 7:00 a.m. on Election Day are canvassed. The bill is now in the Senate State Government Committee.
- HB 2473 (Sanchez, D-Montgomery) passed finally in the House on July 9, 2024, by a vote of Y:105/N:97. Three Republicans joined the Democrats voting in favor of the bill. The bill would align Pennsylvania’s election procedures laid out in the Election Code with the federal Electoral Count Reform Act by requiring the Secretary of the Commonwealth to tabulate, compute, and canvass the votes cast and certify and file the tabulation no later than the fifth Tuesday after Election Day. The bill would also provide for an expediated judicial process of election-related appeals. The bill is now in the Senate State Government Committee.
- SB 1 (Laughlin, R-Erie) passed finally in the Senate on January 11, 2023, by a vote of Y:28/N:20, with one Democrat joining the Republicans. The bill included multiple amendments to the Pennsylvania Constitution, including requiring voters to provide valid identification to vote in an election. The House then finally passed the bill as amended on May 22, 2023, by a vote of Y:145/N:56. The House version removed the voter ID language from the bill. Since then, SB 1 has been sitting in the Senate Rules and Executive Nominations Committee.
Election-Related Court Decisions
Mail-in ballot envelopes: Genser and Matis v. Butler County Board of Elections
- On April 29, 2024, two registered voters filed suit against the Butler County Board of Elections to appeal the Board’s decision to reject mail-in ballots due to lack of an inner secrecy envelope and then refusing to count their provisional ballots. The voters sought to declare the Board’s decision unlawful and require the Board to amend the final vote count to include the provisional ballots.
- On August 16, 2024, the Butler County Court of Common Pleas found that there was not an error of law or abuse of discretion when the voters’ provisional ballots were not counted. The Court stated that addressing issues such as this is a task for the Legislature, not the courts, and the Legislature should develop and implement a procedure for those who return defective ballots to correct those issues.
- On August 28, 2024, on appeal, the Pennsylvania Commonwealth Court held that the Election Code does not prohibit counting voters’ provisional ballots in this instance and that the Board should count them.
- An appeal by the Board and the Republican National Committee to the Pennsylvania Supreme Court is expected.
Failure to be given the opportunity to cure mail-in ballots: Center for Coalfield Justice et al v. Washington County Board of Elections
- On July 1, 2024, the Center for Coalfield Justice and the Washington Branch NAACP sued the Washington County Board of Elections after the Board adopted a mail-in voting policy that refused to notify voters of disqualifying errors on their mail-in ballot envelopes. The Board entered information into Pennsylvania’s Statewide Uniform Registry of Electors (“SURE”) system that made it appear as if the Board accepted the defective mail ballots, when the Board already set them aside and planned to not count them. Additionally, the Board instructed its staff not to provide any information to voters who inquired about the status of their mail-in ballot.
- On August 23, 2024, the Washington County Court of Common Pleas ruled against the Board, requiring them to notify any elector whose mail-in packet is segregated for a disqualifying error, so the voter has an opportunity to challenge (not cure) the alleged defects. The voter can then submit a provisional ballot at the polls.
- The case is now on appeal before the Commonwealth Court.
Date on mail-in ballots: Black Political Empowerment Project v. Schmidt
- On May 28, 2024, the Black Political Empowerment Project sued the Secretary of the Commonwealth and officials at the Philadelphia and Allegheny County Boards of Election due to their refusal to count timely-submitted mail-in ballots because the voters neglected to write a date, or wrote an incorrect date, on the ballot-return envelope.
- On August 30, 2024, the Commonwealth Court found that the refusal to count undated or incorrectly dated but timely mailed ballots submitted by otherwise eligible voters because of “meaningless and inconsequential” paperwork errors violates the fundamental right to vote recognized in the free and equal elections clause.
- On September 2, 2024, the Republican National Committee and the Republican Party of Pennsylvania filed a notice of appeal to the Pennsylvania Supreme Court.
2024 General Voter Education Initiative
On August 22, Secretary of the Commonwealth Al Schmidt and the Shapiro Administration launched a voter education initiative.
As part of their efforts, the Department of State made a voter education toolkit available to stakeholders and the general public. It includes ready-made graphics and election facts that can be shared online with the goal of educating voters and promoting public confidence in elections.
Secretary Schmidt also reminded the public about the redesigned mail-in ballot materials the Department announced last fall. The changes provide more uniformity in mail-in ballot materials across the counties and are designed to reduce the chances of voter errors and confusion.
Debate and Polls
The momentum surrounding the upcoming presidential election continues to build, as recent polls reveal a highly competitive race. According to CBS News, former President Donald Trump and Vice President Kamala Harris are neck and neck in several key swing states. In Michigan, Vice President Harris holds a slim one-point advantage, leading 50% to 49%. The candidates are evenly matched in Pennsylvania, each securing 50% support, while Harris maintains a narrow 51% to 49% lead in Wisconsin.
The polling landscape may have shifted following Tuesday’s Presidential debate. The debate, hosted at the National Constitution Center in Philadelphia, featured discussions on critical issues including the economy, immigration, and abortion.
In other Pennsylvania news, U.S. Senator Bob Casey Jr. (D) and Dave McCormick (R) agreed to two highly anticipated debates. The first debate will be held on October 3 in Harrisburg and will air on ABC27. The second debate is set for October 15 in Philadelphia, hosted by 6ABC. A possible third debate in Pittsburgh is being considered.
Legislature Update
While election buzz has kept us all occupied for the last few weeks, let’s not forget that the Pennsylvania Senate—where half the members will stand for reelection this fall—will return for session on Monday, September 16.
On Tuesday, the Senate Banking and Insurance Committee will meet to consider SB 967 (Aument, R-Lancaster), which would provide portable benefits for app-based workers. The Committee will also hold a joint public hearing with the Senate Aging and Youth Committee on financial exploitation of seniors on Wednesday.
Although the House doesn’t return for voting session until the week of September 30, the House Education Committee will hold an informational meeting on Monday to discuss adult education.
On Tuesday, House Consumer Protection, Technology, and Utilities Committee will meet for two public hearings. The first will focus on HB 2189 (Matzie, D-Beaver), which would reauthorize PA One Call/811. The second will center around two bills: HB 116 (Ciresi, D-Montgomery), which would require companies to provide a notification before each automatic renewal, to be transparent about renewal terms, and to allow subscribers to cancel their subscription services exclusively online if they initially subscribed over the Internet; and HB 2557 (Borowski, D-Delaware), which would require a service company to clearly and conspicuously provide the consumer with the option to opt into, rather than opt out of, said service.
A complete list of committee meetings can be found here:
