Pennsylvania’s Act 77 is the October 2019 law that reshaped how elections run in the Commonwealth. It created no-excuse mail-in voting for every registered voter, shortened the voter registration deadline from 30 days to 15 days before an election, ended straight-party voting, and authorized up to $90 million in bond funding to help counties buy new voting equipment.1Pennsylvania General Assembly. Act No. 77 of 2019 – Pennsylvania Election Code – Omnibus Amendments It is the largest set of changes to Pennsylvania election law in more than 80 years.2County of Berks. Act 77 Makes Historic Changes to PA Election Code
No-Excuse Mail-In Voting
The centerpiece of Act 77 is universal mail-in voting. Any registered Pennsylvania voter can now vote by mail without providing a reason. Under 25 P.S. § 3150.11, a qualified mail-in elector may vote by official mail-in ballot in any primary or election held in the Commonwealth.3Unified Judicial System of Pennsylvania. Commonwealth Court of Pennsylvania Opinion in McLinko v. Commonwealth – Section: I. Background
Before the law passed, Pennsylvania offered only absentee voting, and voters had to show they would be away from their polling place or unable to vote in person due to illness or disability. The traditional absentee ballot still exists for voters who qualify under the older rules, such as military personnel stationed away from home or people with disabilities. If you simply want to vote from home for any reason, you apply for a mail-in ballot instead.
Annual Mail-In Voter List
You can ask to be placed on the annual mail-in voter list so you don’t have to apply fresh for each election. Each February, your county election office will mail you a renewal application asking whether you want to continue receiving mail ballots that year.4Commonwealth of Pennsylvania. Mail-in and Absentee Ballot Return the renewal and you’ll automatically receive ballots for every election in that calendar year. Skip it and you’ll need to file a separate application for any election you want to vote in by mail.
Applying for a Mail-In Ballot
Apply through the Pennsylvania Department of State’s online portal or submit a paper application to your county election office. Applications can be filed as early as 50 days before the election. The deadline for your county board of elections to receive your application is 5:00 PM on the first Tuesday before Election Day, which is seven days out.5Westlaw. Pennsylvania Code 25 PS 3150.12a – Date of Application for Mail-In Ballot Waiting until the last few days creates a tight turnaround for you to receive, complete, and return the ballot, so apply early when you can.
The application asks for your legal name as it appears on your voter registration, your residential address, a separate mailing address if you want the ballot sent elsewhere, and your date of birth. Identity verification follows a tiered system:6Pennsylvania Department of State. Voter Identification Requirements for Voting – Section: Identification Requirements for Absentee and Mail-In Voting
- If you have a valid Pennsylvania driver’s license or PennDOT ID card, provide that number.
- If you don’t have a PennDOT-issued ID, provide the last four digits of your Social Security number.
- If you have neither, include a photocopy of a valid photo ID showing your name, photo, and a current expiration date.
Mismatched identification numbers and address errors are the most common reason applications get delayed or rejected. Check every field against your registration record before submitting.
Filling Out and Returning the Ballot
Once your ballot packet arrives, the return process set out in 25 P.S. § 3150.16 has specific steps that must be followed exactly.7Pennsylvania General Assembly. Pennsylvania Code 25 PS 3150.16 – Voting by Mail-In Electors Mark your ballot in black or blue ink. Place the completed ballot inside the smaller inner envelope printed with the words “Official Election Ballot.” That is the secrecy envelope, and it keeps your identity separate from your vote during counting. Seal it and place it inside the larger outer return envelope. On the outer envelope, fill out, date, and sign the voter declaration. Missing the date or signature invalidates your ballot.
The Naked Ballot Rule
Putting your ballot straight into the outer return envelope without using the secrecy envelope creates a “naked ballot.” Naked ballots cannot be counted. A surprising number of mail votes get thrown out this way, and the fix is simply to use both envelopes every time.
If your mail ballot is rejected for a defect such as a missing secrecy envelope, you have a fallback. In Genser v. Butler County Board of Elections, the Pennsylvania Supreme Court held that a voter whose mail ballot is set aside as defective can cast a provisional ballot at their polling place on Election Day, and that provisional ballot must be counted. The U.S. Supreme Court declined to disturb that ruling in 2024.
Return Methods and Deadlines
Your completed ballot must be received by your county board of elections no later than 8:00 PM on Election Day. A postmark alone will not save a late ballot; it has to physically arrive by the deadline.8New York Codes, Rules and Regulations. Pennsylvania Code 25 PS 3146.8 – Canvassing of Official Absentee Ballots and Mail-In Ballots
Return options include:9Commonwealth of Pennsylvania. Ballot Return Locations
- U.S. mail with proper postage. The USPS recommends mailing your completed ballot at least one week before the deadline.10United States Postal Service. Election Mail
- In-person delivery to your county election office.
- County drop boxes, where available. Availability and locations vary by county.
Under Pennsylvania law, you must return your own ballot. The only exception is for voters with a disability who designate someone in writing to deliver it on their behalf using an official Designated Agent form.9Commonwealth of Pennsylvania. Ballot Return Locations A family member or campaign volunteer cannot drop it off for you unless you qualify for that exception.
To confirm your ballot arrived, use the state’s online ballot tracking tool. It provides status updates from the time your ballot is mailed until the county records it.
Shorter Voter Registration Deadline
Act 77 cut the registration window from 30 days to 15 days before an election. Under 25 P.S. § 3071, your registration is valid for an upcoming election as long as the county board of elections receives it no later than 15 days beforehand.11New York Codes, Rules and Regulations. Pennsylvania Code 25 PS 3071 – Deadline for Receipt of Valid Voter Registration Application The 15-day cutoff applies whether you register at a PennDOT office, a voter registration agency, or by any other method. Pennsylvania has no grace period and no same-day registration, so missing it means waiting until the next election.
End of Straight-Party Voting
Act 77 ended straight-party voting by amending 25 P.S. § 2963, which governs ballot design.12Pennsylvania General Assembly. Pennsylvania Code 25 PS 2963 – Form of Official Election Ballot Voters once could fill in a single bubble at the top of the ballot to vote for every candidate of one party in every race. That option is gone. Every voter now makes individual selections for each contest, from president down to local offices. The rule applies uniformly across all 67 counties.
Funding for New Voting Equipment
Act 77 authorized the Pennsylvania Department of State to seek up to $90 million in bond financing through the Pennsylvania Economic Development Financing Authority. Those funds reimburse counties for 60 percent of the cost of new voting systems. Any money remaining after all counties receive reimbursement can go toward election security equipment.2County of Berks. Act 77 Makes Historic Changes to PA Election Code Counties still cover a significant share of the cost, but the state subsidy removed a major barrier to replacing aging machines.
Is Act 77 Still the Law?
Yes. Opponents challenged the mail-in voting provisions in McLinko v. Department of State, arguing that universal mail-in voting required a constitutional amendment under Article VII of the Pennsylvania Constitution. The Commonwealth Court initially struck down the mail-in provisions, but the Pennsylvania Supreme Court reversed in a 5-2 ruling and held that the General Assembly had the power to establish mail-in voting as an additional method of casting ballots.13Justia Law. McLinko v. Pennsylvania Department of State The court pointed to constitutional language permitting voting “by such other method as may be prescribed by law.” Individual implementation questions, like ballot curing procedures and drop box rules, continue to generate litigation, but the core reform is settled law.