Since late 2019, when the General Assembly passed Act 77 that enacted no-excuse mail voting in the Commonwealth, both Republicans and Democrats have fought to a stalemate over the unintended consequences of the law.

That freeze may be showing signs of a thaw.

The House State Government Committee will vote on two bills on Tuesday that would shake up the status quo and set the stage for major wheeling and dealing on the floor of both chambers of the Assembly over the next two months.

The committee, chaired by Rep. Carol Evans-Hill (D-York), will vote on House Bill 771 and House Bill 1396 during a 9:45 a.m. meeting.

HB 771 is sponsored by Rep. Thomas Mehaffie (R-Dauphin) and “would require all voters arriving at their election precincts to show identification or attest under penalty of law that they are legally able to vote in Pennsylvania.” The bill has bipartisan support, as it was circulated by Reps. Kathleen Tomlinson (R-Bucks) and Frank Burns (D-Cambria).

HB 1396 has a more recognizable name behind it – Speaker of the House Joanna McClinton (D-Delaware/Philadelphia). Her 98-page legislative proposal provides for definitions in the Election Code that include:

• Providing for compensation of district election officers
• Providing for ballot drop boxes
• Providing for pre-election logic and accuracy testing of voting systems
• Repealing provisions relating to statistical sample and providing for a post-election ballot audit
• Further providing for manner of applying to vote
• Providing for in-person early voting
• Further providing for voting by absentee voters
• Providing for approval of mail-in ballot as well as envelopes
• Further providing for the SURE (State Registry of Uniform Voters) system
• Further providing for qualifications to register to vote
• Repealing provisions relating to removal notices, to transfer of registration and to change enrollment of political party

Drop Boxes

It calls for at least two (2) ballot drop boxes to be made available by each county board of elections at least 65 days prior to an election. There are stipulations to the third-party return of a mail ballot, but does provide for members of the same household or caregivers or parents, grandparents or an adult child of the voter to return the ballot. Drop boxes would be under video surveillance for the duration of its deployment during the election and must be made available for use by voters at least 30 days before the next elections.

Electronic Poll Books (e-poll books)

As more and more counties around the Commonwealth move toward electronic poll books, HB 1396 calls for a $2 million appropriation from the General Fund to the Department of State for the examination and approval of e-poll books to be used by all counties “in the best interest of the Commonwealth.”

Early Voting

Under HD 1396, a county board of elections “shall establish at least one early voting location for in-person early voting in the county, which may be located at an office of the county board.” The bill also calls for additional locations depending on the size of the county with a minimum of one location being in the same municipality as the county seat.

Counties would designate a county employee or, if one is unavailable, appoint a duly elected judge of election to serve as the presiding election officer in charge of the early voting location.

The early voting period would “begin on the 11th day preceding the date of an election and extend through the Sunday before election day” – a period of nine (9) days prior to Election Day. For a Tuesday election, early voting would begin two Fridays prior and continue through the Sunday prior.

These locations would be open for a minimum of eight (8) hours and no more than 12 hours a day between 6 a.m. and 8 p.m.

Upon request by the county board of elections, the governing body of a municipality “shall make public buildings within the county available as early voting locations without charge.” A school may only be used if voting can occur separately without access to other areas of the school or school children.

Absentee Ballots

HB 1396 calls for the outer mail ballot return envelope to be printed, “stamped or endorsed to conform with election mail design requirements from the USPS” and also include a prepaid reply mail option. The mailing envelope, as well as the larger envelope, will be required to include a “uniquely serialized USPS Intelligent Mail barcode that allows mail tracking of uniquely serialized barcoded envelopes.”

The bill does permit so-called “curing” of inaccurately submitted mail ballots. Within 24 hours of finding a “correctable” error, the county board of elections shall notify the voter by electronic or telephonic means of the error and notify all such voters by letter. A list must be made available to the public by the county board of elections.

If the voter completes the “Absentee Ballot and Mail-In Ballot Cure Form” before noon on the sixth day after the election, the ballot would be counted. Failure to meet that deadline would render the ballot null and void.

Registration for Mail Ballots

An important change for county boards of elections would alter the deadline for requesting a mail ballot. Presently, registered voters may request a mail ballot seven (7) days prior to an election, creating a situation where the ballot may not be delivered to the voter in time to cast and return the ballot either by hand or through the mail.

The change would permit processing of mail ballots requests if received 14 days or two weeks prior to the election.

Pre-Canvassing

Another major change calls for the alteration of when county boards of election may begin pre-canvassing – or counting mail ballot votes. Present-day legislation does not permit the opening of mail ballots prior to 7 a.m. on Election Day.

HB 1396 includes a clause in the grant agreement between the Department of State and the county for election funding that requires counties to “begin pre-canvassing no later than 7 a.m. on Election Day.”