Don't do it or you'll be prosecuted. That's my summary of a warning Lehigh County DA Jim Martin issued to ballot harvesters yesterday.
Until recently, the only way would you could vote was in person, at your designated polling pl;ace, on election day. There were exceptions for voters who were ill or outside the precinct. They could vote by absentee ballot. That was pretty much it.
This all changed in 2019. State lawmakers, who incidentally had a Republican majority, changed the Election Code to vastly expand voting opportunities. In addition to the traditional in-person vote, they permitted no-excuse mail-in ballots. They also provided for early voting at the elections office. They even authorized satellite offices, which the state supreme court interpreted to embrace unmanned drop boxes.
These changes have made it easier to vote. It's too soon to say whether more people will actually vote, but that certainly seems to be the case so far.
It's logical to conclude that, when you expand voting opportunities, you also increase the potential for mischief. So far, despite the claims of conspiracy theorists, there's been no evidence of widespread voting fraud. But there has been evidence of numerous instances of voters who are dropping off more than one ballot at drop boxes. While this is likely someone dropping off the votes of a family member, there is a potential for ballot harvesting.
While the law permits mail-in ballots and provides for drop boxes, you may only drop off your own ballot. There is an exception if you have a disability. You can authorize someone in writing to drop off your ballot for you.. .
At the request of Lehigh County's Elections Board, DA Martin assigned detectives to perform the laborious task of reviewing the video of the five drop box location to see if there was any evidence of people dropping off multiple ballots.
There was.
Martin's detectives watched the video of 4,026 voters who dropped off ballots, and determined that at least 288 (7.1%) deposited more than one ballot. Very few could be identified.
Martin's investigation revealed that there were 14,833 mail-in ballots deposited in the mail, not drop boxes. There is no video surveillance at most mailboxes.
In a report to Lehigh County's Elections Board in early April, DA Martin concluded that there were multiple violations of the Election Code's proscription against dropping off ballots for other voters, even a spouse. He notes that the best way to prevent this from happening is to have an elections official at the drop box location to receive the vote. Frankly, I believe that was the intention of the law as written because it refers to these as satellite offices. I believe there's a presumption that an office is manned.
Martin declined to prosecute the few voters whom detectives could identify because it would be unfair and unjust. In most cases, only two ballots were dropped off, indicating a spouse or household member. Moreover, there was no surveillance of mail boxes, where it's logical to conclude that multiple ballots were mailed. He noted that Governor Wolf's wife dropped off his ballot, and she was never prosecuted. He also noted that detectives found no "smoking gun", i.e. a party apparatchik dropping off numerous ballots.
But if you're thinking you can drop off someone else's ballot without facing the consequences, think again.
In a news release issued yesterday, Martin stated he will assign detectives to monitor the video at drop boxes during the primary. If anyone drops off ore than one ballot, he warns that person could be prosecuted for violating the Election Code. This could result in jail time of two years and/or a $2500 fine.
Martin is also recommending that elections officials have better warnings at drop boxes and that they reduce the hours of operation.
Martin's position on drop boxes is supported by his counterpart in Northampton County, District Attorney Terry Houck. "If there is a complaint or suspicion of voter fraud, it must be investigated," he states. He adds, however, that proving that a violation occurred would be very difficult based solely on video. "If there is evidence of criminal conduct, I will be all over it," he says, but warns against injecting politics into prosecutorial decisions.
The standard of proof in a criminal case is beyond a reasonable doubt.
The District Attorney;s Office traditionally gets involved in allegations of criminality in elections when there is a referral from the elections board. In the past, Martin has prosecuted an election judge who altered ballots and Houck has prosecuted a candidate over nomination petitions.
(Updated 6;36 am)
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