Pennsylvania mail-in ballot registry isn't as permanent as the word implies

Editor’s note: A prior version of this story incorrectly stated the impact of ignoring a letter regarding the requirement to apply for mail in ballots annually even if voters registered for the “permanent mail-in ballot list.”

Pennsylvania’s 2019 mail-in ballot law continues to create confusion as election officials across the state prepare for their first municipal primary under the new rules on May 18.

The law that the GOP-­controlled Legislature passed by an overwhelming bipartisan margin in 2019 triggered a number of challenges and court clarifications last year as millions of Pennsylvania voters flocked to no-­excuse mail-in voting for the first time in the midst of the covid-19 pandemic.

Now, its wording is creating confusion anew for some.

Many voters thought they had registered to receive a mail-in ballot in all future elections when they opted to be part of what the law terms a “permanent mail-in ballot list.” But it turns out the list isn’t so permanent. In fact, many voters learned this month that it is a list that merely qualifies them to receive an application annually to receive a mail-in ballot, provided they return the application for that year.

In fact, voters who registered to be on the “permanent list of mail-in voters” will not automatically receive ballots this year unless they return the application being sent out by county elections officials.

Those who fail to return the application may still vote in person. And if they change their minds in the interim, they always can apply for a mail-in ballot for a specific election.

Under the provisions of the law, those who do not return the mailed applications, but who registered for the permanent mail-in ballot list, will nonetheless receive another application in 2022 asking if they wish to apply to receive mail-in ballots for elections that year.

Confused?

Although the 2019 law that allowed Pennsylvanians to vote by mail without providing an excuse created a registry for those who opted to receive a mail-in ballot for all future elections, it added a provision that required those who chose that option to apply for it every year.

“It’s a misnomer,” said Chris Deluzio, policy director of the University of Pittsburgh Institute for Cyber Law, Policy and Security. “This permanent mail-in or absentee list isn’t permanent; it’s annual.”

The law requires county elections officials to send out notifications no later than the first Monday in February to everyone who registered for permanent mail-in ballots. They must inform voters they are required to opt in to receive mail in ballots at the beginning of each year.

Those who fail to respond to the letter will not receive mail in ballots automatically, but still have the option of requesting one in advance of a specific election in that year.

The wording of the letter the Pennsylvania Department of State provided to counties added to the confusion for some. Although the text of the letter informs voters that if they do nothing, they will be removed from the list just for 2021, it also includes a box immediately below the text labeled “Request to cancel my permanent voter status.”

Department of State spokeswoman Wanda Murren said those checking the box will have their names removed from the list to receive an annual application to activate their mail-in ballot. It would not, as some were concerned, result in their removal from voter registration rolls.

Armstrong County Elections Bureau Director Mary Beth Kuznik said it was that box that seemed to prompt calls to her office.

“That’s what the calls are about,” Kuznik said. “I’ve already made a note. We tweaked the letter with bullet points, but we didn’t touch that. I think the next time we’ll change that to avoid the confusion. It should read ‘request to cancel permanent absentee status.’ ”

Kuznik said the requirement that voters re-register for mail-in ballots is an added safeguard in the process that ensures ballots are not going out to individuals who have moved or are no longer at an address.

In Westmoreland County, where elections officials sent out letters to 55,000 voters who requested to be included on the permanent mail-in ballot list, duplicate mailings that some voters received several days apart added to the confusion.

It’s unclear just how many duplicate mailings were sent or the cost. County Elections Bureau Director JoAnn Sebastiani said her office relied on a computer file from the Department of State to send out letters. She said there may have been some duplicates but could not speculate as to the number or cost.

“We’ve had a few calls on that. I know Fayette County got some. This was the inaugural file. They are researching why some people got two letters. I would not call it a clerical error but a computer glitch,” Sebastiani said.

She said some older voters were confused by the wording of the letter, but she insisted it was very clear.

Those who wish to remain on the registry need only fill out the form on the back of the letter, sign it and return it to the county elections office. Those anxious to save the cost of a stamp can register to receive a mail-in ballot by going to votesPA.com/ApplyMailBallot.

In Allegheny County, officials stressed that the wording of the law that led to confusion was a product of the state Legislature, not the county.

Allegheny recently began mailing notices to some 306,000 voters who opted to be included on the permanent mail-in ballot registry last year. Approximately 199,000 have been mailed. The remainder are scheduled to be mailed this week.

To date, 500 voters have returned forms asking to be removed from the permanent mail-in ballot list. The county has received 2,000 applications for continued inclusion on the list by mail and another 3,000 online.

While voters were quick to embrace mail-in balloting, with more than 2 million Pennsylvanians casting mail-in ballots in the Nov. 3 election, county elections officials, overwhelmed by the change, have asked state lawmakers to amend the law. A report by the Pennsylvania Association of County Commissioners has recommended that lawmakers add provisions to allow the time-consuming task of processing mail-in ballots to begin before Election Day.

The group also suggested the state change the deadline for applying for a mail-in ballot from seven days before an election to 15 days to ensure there is adequate time to get ballots out and returned before the polls close on Election Day.