In Pennsylvania, the initial returns are counted, or tabulated, on election night after polls close, either at the polling place by the District Election Board or at a central location by the County Board of Elections. The process steps vary depending on the location of tabulation, which is determined county-wide by the County Board of Elections. District Election Boards must also follow chain of custody steps to ensure that the election machines, ballots, ballot boxes, and other election materials are properly accounted for and delivered at the appropriate time.
Pennsylvania does not have early vote per se. Rather, voters have the option to fill out an absentee or mail-in ballot in person at their County Board of Elections’ office. [1] 25 P.S. § 3150.12. Most of these absentee and mail-in ballots are reviewed and tabulated on Election Day once polls open. Once polls close the vote totals of those absentee and mail-in ballots are included in the initial election night returns.
After the conclusion of the tabulation on election night, County Boards of Elections submit unofficial returns to the Secretary of the Commonwealth. 25 P.S. § 3152(b). In the following days the canvass of returns will begin.
Processing and counting mail ballots is done by the County Board of Elections. Before Election Day the County Board of Elections sorts and categorizes unopened returned mail ballots. Only ballots that are signed and dated are included in the pre-canvass and canvass meetings. "DOS Guidance on Undated VBM." While there is no state requirement to notify voters of deficiencies with their mail ballot envelopes, counties may choose to do so. “Findings of Fact” at 10-11, Monroe Cnty. Republican Comm. v. Monroe Cnty. Bd. of Elections, No. 7228 CV 2022 (Pa.Com.Pl Monroe Co., 43rd Jud. Dist., Nov. 7, 2022). However, on October 23, 2024 the Pennsylvania Supreme Court upheld a lower court decision requiring counties to count provisional ballots cast by voters in person on Election Day if their mail ballots were rejected for mail ballot deficiencies. Genser v. Butler Cnty. Bd. of Elections, 2024 Pa. LEXIS 1546.
Ahead of the 2024 elections, the Department of State redesigned the secrecy envelopes and instruction sheets to ensure uniformity across counties and to lower the number of rejected mail-in ballots. "DOS Redesigned Ballot Materials." The redesign is intended to reduce confusion among voters by incorporating layout and design best practices. "DOS Redesigned Ballot Materials." The Department of State noted that in past elections "thousands of mail ballots [were] rejected … due to minor voter errors, like so-called ‘naked ballots,’ voters writing their birthdate instead of the current date, or voters forgetting to sign their ballot." "DOS Redesigned Ballot Materials." For the 2023 primary, the most common reasons for rejected mail-in ballots were receipt after Election Day (46.8%), lack of date (20.3%), missing secrecy envelope (14.9%), incorrect date [2] (8.4%), and lack of signature (4.7%). "DOS Redesigned Ballot Materials."
At least 48 hours before pre-canvassing or canvassing, the County Board of Elections provides public notice of pre-canvass or canvass. 25 P.S. § 3146.8(g)(1.1)-(2).
No earlier than 7 a.m. on Election Day, County Boards of Elections may pre-canvass ballots. 25 P.S. § 3146.8(g)(1.1). Note that this is discretionary—counties are not required to pre-canvass ballots. In 2022, the Department of State required counties receiving Act 88 funding to begin pre-canvassing at 7 a.m. on Election Day. [3] "Election Integrity Grant Program Guidance and FAQs." Only four counties, Bradford, Crawford, Montour, and Susquehanna, declined funding. "TPI New Election Money Rules." Because voters have until 8 p.m. on Election Day to return their mail ballots, or cure deficiencies, not all mail ballots will be included in pre-canvassing. 25 P.S. § 3146.8(g)(1)(ii).
The County Board of Elections begins pre-canvassing by verifying the voter’s eligibility and segregating deficient ballots. Deficiencies might include ballots lacking ID verification, a signed declaration, or a secrecy envelope. 25 P.S. § 3146.8(h). These ballots are set aside and not counted unless cured by the voter, which must happen within six days following the election. 25 P.S. § 3146.8(h).
Additionally, by 5 p.m. on the Friday before Election Day, ballots that were challenged will also have been segregated until a hearing is conducted. 25 P.S. §§ 3146.8(g)(5), 3150.12b(a)(3).
The County Board of Elections will also examine ballots and remove any from a voter deceased before Election Day or any ballots with a mark that might identify the voter, their political affiliation, or candidate preference are also set aside. 25 P.S. § 3146.8(d).
After that review, they open the envelope and remove the ballot. 25 P.S. § 3146.8(g)(4)(i). Finally, the County Board of Elections counts, computes, and tallies the votes reflected on the ballot. 25 P.S. § 3146.8(g)(4)(iii).
County Boards of Elections may publish pre-canvass results no earlier than the close of polls. 25 P.S. § 3146.8(g)(2). County Boards of Elections canvass mail ballots that were not included in the pre-canvass no earlier than the close of polls on Election Day and no later than the third day after the Election. 25 P.S. § 3146.8(g)(2).