Legislators offer comment on opening mail-in ballots early

WILKES-BARRE — Nearly 40,000 residents took advantage of the state’s new mail-in ballot option for convenience, or to avoid safety concerns with in-person voting at polling places during the coronavirus pandemic.

By 10 p.m. Tuesday, workers had tabulated results from approximately 14,000 mail-in ballots, and resumed counting at 9 a.m. Wednesday at the county-owned Penn Place building in downtown Wilkes-Barre.

Is that how things should operate in November? We asked area lawmakers what they think.

State Sen. Lisa Baker on Wednesday said any prospective changes in election law and procedure should be a bipartisan effort and must be guided by two overriding goals — increasing voter participation and making sure that every valid vote is counted.

“For several years, Pennsylvania has moved gradually to ease restrictions that have made voting more difficult than in other states,” Baker said. “Predictably, there were kinks in the process with both in-person and mail-in voting during this primary election. “

Baker, R-Lehman Township, and other legislators offered comment on the reality that Luzerne County’s complete primary election results were not immediately available on Tuesday night and results will not be known until Thursday or Friday. The delay is because election bureau workers were unable to open and scan in more than half of the ballots that had been mailed in or dropped off.

“In figuring out how to make the process work efficiently while ensuring the integrity of the vote, we must pay close attention to the experience of our voters,” Baker said. “We also need to hear the recommendations of the local officials responsible for running elections. Both perspectives will be useful in evaluating where any problems exist and determining what might work better.”

State Rep. Eddie Day Pashinski, D-Wilkes-Barre, said at this point in time with the info that he has, he would prefer all ballots remain locked in place with maximum security, including electronic surveillance and posted security.

“The ballot lock box should be opened with all required personnel in-place for the official opening of the ballot lock box at the close of the election on election night,” Pashinski said. “The key to acquiring an accurate count, in a timely manner, is to make sure there are enough people to open a double envelope and then scan the ballot.”

Pashinski said this would be a very time consuming process and it would require a large staff to move the process forward in a safe and accurate manner to guarantee every vote is counted.

“No one should expect a final count on election night, but everyone should expect an accurate and complete count within two to four days,” Pashinski said.

Rep. Tarah Toohil, R-Butler Township, said allowing the mail-in ballot to be opened and prepared for accounting, but not counted was all within the letter of the law.

“I understand how at first that sounded problematic, but this allowance was for the election workers to be able to begin tabulating within the given time-frames and getting some of the manual labor out of the way,” Toohil said.

Fellow Republican Rep. Aaron Kaufer, R-Kingston, said during conversations regarding legislation about counting mail-in ballots ahead of Election Day, there was a fear that vote tabulation could be leaked out if done too far ahead of time.

“With that being said, I look forward to working with our Luzerne County Election Director Shelby Watchilla to figure out a solution that protects this information while still working toward a solution that can produce results on Election Day,” Kaufer said.

Kaufer also said he would favor allowing the mailed-in ballots to be opened and prepared for tabulation ahead of election day, but that they not be tabulated until the day of the election.

State Sen. John Yudichak, I-Swoyersville, said he fully understands that election departments want to tabulate votes in the most secure and efficient way possible/

“And with any new process there needs to be time for it to evolve, to address any challenges revealed in its initial application,” Yudichak said. “I am aware of the delays the current mail-in ballots counting process has caused the Luzerne County Bureau of Elections, and I am supportive of measures to help alleviate those delays, as long as the integrity of the election can be protected and maintained.”

Rep. Karen Boback, R-Harveys Lake, said as long as the necessary precautions are taken, under penalty of law, the preparation of mail-in ballots prior to election day should be considered.

“Indeed, the voting public is entitled to a timely tabulation of ballots,” Boback said. “However, we must prioritize integrity over expediency with respect to something as fundamentally important as our democratic process. I will be looking for feedback from our boards of election to determine our next steps.

“Regardless, this must be decided prior to the general election.”

Toohil added that after this “test run with mail-in ballots,” the state needs to take a critical look at the entire process.

“There is legislation being proposed that would limit the time-frame for which voters can send in their mail-in ballots,” Toohil said.