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Pennsylvania Faces Challenges In Mail-In Voting Laws

Allegheny County election division manager David Voye demonstrates a voting machine used to process paper ballots at polling places at the elections warehouse in Pittsburgh, April 18, 2024. Pen

Pennsylvania is currently facing challenges in its vote-by-mail laws, with legal battles taking place in the courtroom rather than the legislature. This situation could potentially lead to a surge in challenges and conspiracy theories in the state, especially if the upcoming November election is closely contested.

The state, known for being a crucial swing state in presidential elections, is also gearing up for a U.S. Senate contest between Democratic incumbent Bob Casey and Republican challenger David McCormick, which will play a significant role in determining control of the chamber. The ongoing partisan stalemate among lawmakers has heightened scrutiny on election offices, particularly in the context of potential delays in counting mailed ballots.

The political gridlock in Pennsylvania regarding election laws traces back to 2019 when a compromise between the Republican-controlled legislature and then-Democratic Governor Tom Wolf significantly expanded voting by mail. However, the situation took a turn when former President Donald Trump began baselessly criticizing mail-in voting, leading to a shift in Republican support for it.

Efforts to address the issues surrounding mail voting in Pennsylvania have been met with partisan divisions. Democrats are advocating for the addition of early in-person voting, a measure already adopted by most states, but Republicans have been resistant to this proposal. Unlike some states, Pennsylvania does not allow citizens to initiate their own ballot initiatives due to restrictions in the state constitution.

As a result, a wave of election-related lawsuits has emerged in state, federal, and county courts, primarily focusing on mail-in voting. While Republicans across the country are increasingly encouraging their voters to use mail-in ballots, the practice remains more prevalent among Democrats in Pennsylvania.

One of the key reforms sought by counties in the state is the ability to start processing mail-in ballots before Election Day, a practice permitted in most other states with mail voting. This change would enable election offices to produce results more efficiently on election night, addressing concerns about potential delays.

Democrats are also pushing for clarity in the law to ensure that mail-in ballots with minor errors, such as missing dates or signatures, can still be counted. Thousands of ballots are currently invalidated due to such errors, although Democratic-leaning counties often assist voters in rectifying these issues.

Without legislative fixes, Democrats anticipate a recurrence of the chaos witnessed during the 2020 election in November. The state's Democratic Party chair emphasized the importance of conducting a fair and well-run election, expressing concerns about attempts to sow discord and undermine the electoral process.

Amidst the ongoing challenges, Pennsylvania is bracing for a contentious electoral landscape, with legal battles and partisan disputes shaping the electoral environment. The state's election officials are working to enhance their ballot-counting processes and address concerns surrounding mail-in voting, aiming to ensure a smooth and transparent election in the face of mounting challenges.

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