Drop Box Security Questioned at NorCo Council

In October 2019, in what is known as Act 77, Pennsylvania's Republican-dominated General Assembly adopted sweeping changes to the Election Code. For the first time, no-excuse mail-in ballots (MIBs) were permitted. These could be mailed or "delivered in person" to the county elections office. The Pennsylvania Supreme Court has interpreted this (in a 5-2 decision) to mean that that MIBs could also be delivered to drop boxes throughout the county. This because the Election Code elsewhere provides that ballots can be returned at any place designated by the county. Though the law appears to be clear, Republicans have been very suspicious. They appear to be primarily concerned  about what is known as ballot harvesting, an illegal practice under which party apparatchiks gather numerous ballots from the party faithful and deposit them all together. While I agree this is a real danger, there's another far more serious concern that no one has mentioned. At an unmanned drop box, and they are all unmanned, it is entirely possible for someone to sabotage them. The security of drop boxes was an issue at last week's  County Council meeting. More questions were raised than answered. The one valid suggestion was ignored. 

The security concerns over NorCo's four drop boxes (one in each Council District) were raised by Republicans Beverly Hernandez, Melanie Morgan and Sheryl Gerkovich. Although Hernandez and Morgan completely misstated the facts, Gerkovich suggested that deputy sheriffs should be assigned to drop boxes.  "There is so much suspicion out there," she argued. "You can alleviate that suspicion on both sides." 

These concerns were echoed by Council member Peg Ferraro. She noted that drop boxes might be under video surveillance, but that does nothing to prevent someone with slipping in a few extra MIBs here and there. Even if it is observed, it would be impossible to segregate the legally cast ballots from those that may have been cast illegally. Nor is it clear that a ballot cast as a result of ballot harvesting is itself illegal. The person who engaged in the illegal practice could be prosecuted, but nothing in Act 77 would per se invalidate the ballots unless they were obtained by coercion or intimidation. Ferraro feels, and with some justification, that the drop boxes should be manned to prevent what she called "shenanigans." 

Ferraro suggested that the logical choice to man a drop box is a deputy sheriff. But as Exec Lamont McClure and Elections Solicitor Rick Santee observed, this would be illegal. 

Ferraro demanded to see the law.  I have previously discussed this part of the Election Code, which predates Act 77 by decades. Here's what the Election Code says:

"Any police officer in commission, whether in uniform or in citizen's clothes, who shall be within one hundred (100) feet of a polling place during the conduct of any primary or election, except in the exercise of his privilege of voting or for the purpose of serving warrants, or in accordance with the provisions of the exception set forth in section 1207 of this act where the police station or headquarters is located in the same building or on the premises where the polling place is located or unless called upon to preserve the peace, as provided by this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred ($500) dollars, or to undergo an imprisonment of not more than one (1) year, or both, in the discretion of the court."

I suppose that a drop box is construed as a polling place by McClure and Santee. This is a sound argument. The law is obviously intended to prevent voter intimidation by law enforcement.. Council member Kerry Myers vowed to fight "tooth and nail" against law enforcement at the polls, arguing that their very presence is intended "as a tool to keep people of color from voting." 

Well, Kerry, you better get ready to start fighting tooth and nail. The way things are now, deputy sheriffs are no more than 10' or 20' from the drop box at the courthouse rotunda. The drop box at Bethlehem City Hall is right above the police station, with officers walking by the drop box all day long. The drop box at the Human Services building is close to stationed deputy sheriffs. Finally, the drop box at 911 is swarmed by police officers day and night, if only to date 911 dispatchers. 

Under the argument advanced by McClure and Santee, all four drop boxes are illegal. 

My own take is that a drop box is actually more of a branch office than a polling place. While federal law concerning voter intimidation must be honored, I think the 100' state law applies only to an actual voting precinct.

Council member Tara Zrinski expressed concern that voters making their way in to vote could be subject to intimidation as third parties could approach them and ask to check their ballots.

Council member John Cusick probably raised the best point. He wondered whether the elections office could appoint a pollworker to man the drop box when it was open. This person could insure that only one vote is cast and that the outside envelope is signed and dated. 

Amazingly, this idea was killed by Attorney Santee, who said there's no mechanism in Act 77 that enables the Registrar to appoint pollworkers for the drop boxes.  Well, Rick, nothing in Act 77 specifically permits drop boxes, either, and you're fine with that.

Assigning a pollworker to each drop box while it is open is the best way to guard against ballot harvesting while simultaneously helping voters to make sure their vote actually counts. Having a pollworker on hand would also prevent the very real danger that someone upset with drop boxes is going to sabotage them.  If the county were smart and wanted to prevent sabotage while simultaneously providing reassurance about ballot harvesting, it would assign a pollworker to each drop box while it is open.       

There's no need for a drop box at the courthouse rotunda. That is just a stone's throw from the elections office. If a person can make it to the courthouse, he can walk a few extra steps to the elections office and be sure his ballot is received and is correct. 

If unable to afford someone from the Elections office at each drop box, then you shouldn't have the drop box. Republicans worry about ballot harvesting. I worry that someone is going to sabotage them. If the Lynch mob is willing to attempt a coup at the US Capitol, or threaten to bring 20 strong men to replace the people's duly elected government, destroying a drop box is chump change. 

Having someone man the drop boxes is just common sense. This concept is all too often missing from government.