Pennsylvania law allows unregistered voters to cast provisional ballots
Election officials must issue these ballots if voters insist on their right to vote, but county boards have seven days to verify eligibility before counting them.
By Lorenzo Patterson ·
Voters in Pennsylvania who are not registered may still receive a ballot on Election Day if they insist they are eligible to vote. This process, known as the provisional ballot, is designed to prevent disputes at polling places while giving election officials time to verify a voter's status. The mechanism ensures that the potential for noncitizens or unregistered residents to appear at polls does not automatically result in their votes being counted.
Republican officials have recently increased scrutiny of voter rolls and placed constitutional amendments on state ballots to address concerns about noncitizen voting. These actions follow a rise in immigration at the U.S.-Mexico border and a broader party focus on preventing ineligible votes. In Pennsylvania, the issue has drawn attention because many unregistered voters, whether citizens or not, tend to show up at the polls, particularly during presidential election cycles.
The state law is specific: only registered voters can have their votes officially counted. However, the initial act of voting is allowed under certain conditions. Duly elected judges of election are instructed to provide a provisional ballot to anyone who claims eligibility. This applies to registered voters whose names are missing from poll books, residents whose residency is challenged, and individuals who believe they are registered but lack proof. It also covers scenarios where a voter reports to the wrong precinct or cannot provide identification.
Before casting the ballot, the voter must sign an affidavit. The document requires the individual to swear or affirm their name, date of birth, and residence at the time of registration. The voter must also check the specific reason for casting the provisional ballot and sign the envelope. The ballot is then sealed in a secrecy envelope and placed in a provisional ballot envelope, which remains closed until the county board of elections reviews it.
The provisional ballot serves as a last resort because it cannot be run through optical scanners immediately. This prevents an unregistered or ineligible resident from casting a vote that is instantly tallied. After the election, county boards have seven days to review all provisional ballots. If the board determines the voter was entitled to vote, the envelope is opened and the vote is recorded. If the voter was not properly registered, the envelope remains sealed and the vote is not counted.
The volume of these ballots can be substantial. In 2020, one county in south-central Pennsylvania received more than 8,000 provisional ballots. A four-person team required nearly five days to review them. At an average rate of one ballot per minute per person, a single reviewer processes 480 ballots in an eight-hour day. Four reviewers can process 1,920 ballots in a day. This review process explains why counting in close races often extends beyond Election Night.
While visuals of noncitizens voting may capture public attention, the actual counting of those votes seldom occurs. The system is structured so that the appearance of voting is common, but the official inclusion of that vote is contingent on a post-election administrative check.
Source: WBCB
