Overview

After the initial tabulation of votes, the County Board of Elections reviews and compares all ballot and vote counts in that county, and then aggregates final vote totals. This process collectively is known as the canvass. The County Board of Elections submits the results of the canvass to the Secretary of the Commonwealth, who will conduct a statewide canvass for state and federal offices prior to certifying the election results.

County Canvass

By 9 a.m. on the Friday after Election Day, the County Boards of Elections must begin canvassing returns received from the districts. 25 P.S. § 3154(a). The County Boards of Elections must provide notice of where and when the canvass will take place at least one week in advance. 25 P.S. § 3153(a). To complete these tasks, the County Board of Elections often divides into sections such as a Returns, Canvass, or Computation Board, with other staff aiding in these tasks. 25 P.S. § 3153(a).

The county canvass process is as follows:

• Step 1: The County Board of Elections compares the number of votes to the number of registered voters. 25 P.S. § 3154(b). This is conducted by the Returns Board, which is either part of the County Board of Elections or a separate entity appointed by the County Board of Elections. [1] 25 P.S. § 3154(b). The Returns Board receives a list of registered voters and their party affiliations from the County Board of Registration Commissioners and checks the total number of votes or ballots cast against that list. 25 P.S. § 3154(b). If more votes are cast in a precinct than there are total voters registered (or voters registered to the party in the case of a primary), then the Returns Board has the discretion to conduct a full investigation, summon elections officials and ballot boxes, recount and correct vote totals, and even exclude the returns of the district where this excess vote exists and can’t be reconciled. 25 P.S. § 3154(b).
• **Step 2: The County Board of Elections reviews and compares the number of ballots cast against the general returns and reconciles any discrepancies. 25 P.S. § 3154(c). For paper ballots, this means comparing the total number of ballots issued against the total cast, canceled, or spoiled. 25 P.S. § 3154(c). For voting machines, this means reviewing the counters on the machines when delivered against the total vote count on the general returns. 25 P.S. § 3154(c).
• **Step 3: The County Board of Elections reviews the vote count and resolves discrepancies. 25 P.S. § 3154(b).
  • For paper ballot districts (both in-precinct and central tabulation), Clerks compare two copies of the general returns to ensure the vote totals on both records of tabulation match. 25 P.S. § 3154(d)(1). One copy that has been returned unsealed is read aloud and compared to the official copy that has been returned sealed. 25 P.S. § 3154(d)(1). If there is a discrepancy, the County Board of Elections reviews the tabulation sheets. 25 P.S. § 3154(d)(1). If they match the sealed number, that is the number they use. 25 P.S. § 3154(d)(1). If the tabulation sheets don't match the official sealed copy of returns, however, then the County Board of Elections must order the ballot boxes to be opened and the votes are recounted. 25 P.S. § 3154(d)(1). This is done in the presence of attorneys, watchers, and candidates interested. 25 P.S. § 3154(d)(1). If this recount is not sufficient to correct the error, the County Board of Elections then summons the election officers and overseers, if any, to appear forthwith with all election papers in their possession. [2] Allegheny Election Judge Interview.
  • For voting machine districts, similarly, a sealed and unsealed copy of returns are compared. 25 P.S. § 3154(d)(2). However, here returns are also compared to proof sheets from the voting machines (assuming the type of voting machine used produced proof sheets). 25 P.S. § 3154(d)(2). Proof sheets are considered prima facie accurate evidence, so they will go with the vote totals from the proof sheets if there is a discrepancy, unless there is a specific allegation of fraud or error that is proved to the satisfaction of the County Board of Elections. 25 P.S. § 3154(d)(2).
• Step 4: The County Board of Elections conducts the recount/recanvass if necessary. 25 P.S. § 3154(e). A recount or recanvass is possible at the discretion of the County Board of Elections as a part of the canvass if there is a discrepancy in the returns of any election district, OR upon petition by any three voters of the district. 25 P.S. § 3154(e). This can include absentee ballots as well as Election Day precinct results. 25 P.S. § 3154(e). For more information on recounts during the canvass please refer to Recounts.
• **Step 5: The County Board of Elections counts provisional ballots. District Boards of Elections provide provisional ballots to voters where their eligibility to cast a regular ballot cannot be determined at the polling place. Provisional ballots are sometimes used when a voter’s mail-in or absentee ballot is rejected because of something other than their eligibility to vote (like a missing signature or missing secrecy sleeve) to allow the voter to cure the error during the provisional ballot processing. Typically a few days after Election Day, up until a week after, County Boards of Elections process provisional ballots by determining a voter’s eligibility and whether that vote can be counted. For more information on provisional ballots please refer to Provisional Ballot Processing.
• **Step 6: The County Board of Elections transmits signed returns to the Secretary of the Commonwealth. 25 P.S. § 3154(f). By no later than 5:00 p.m. on Tuesday after the election and at the completion of the canvass, the County Board of Elections records the results and transmits them to the Secretary of the Commonwealth. 25 P.S. § 3154(f). This step includes in-person Election Day, absentee, and mail-in results. 25 P.S. § 3154(f). These returns must be signed and attested by the Chief Clerk and all members of the County Board of Elections. 25 P.S. § 3154(f). Returns are considered unofficial for five days following the signed attestation in order to allow for a possible challenge or recount. 25 P.S. § 3154(f).

State Canvass

After receiving the certified results from the County Boards of Elections, the Secretary of the Commonwealth reviews and aggregates county results into official results for all offices across the state. 25 P.S. § 3159.

Footnotes