Voters dropping off ballots at one of Berks County’s two drop boxes will be asked by a deputy sheriff if the ballot they’re casting is their own, despite state officials voicing concerns over having armed officers question voters at drop boxes.
The county has had deputy sheriffs man ballot drop boxes ever since widespread voting by mail was first allowed by the state in 2020. And at a September elections board meeting, the commissioners voted unanimously to modify its policy regarding ballot drop boxes.
The change will require the deputies to confirm that voters are dropping off their own ballot. The same policy has previously been used when voters drop off their ballot at the election services office.
State law does not include any rules, regulations or requirements for drop boxes. In fact, Act 77 — the law that allows for widespread use of mail ballots — makes no mention of them.
That means each of the state’s 67 counties are responsible for making their own decisions about whether to use drop boxes and crafting any rules regarding their use.
Policy change
At the September elections board meeting, commissioners Chairman Christian Leinbach proposed the policy change. He said he believes the county had the same rules for using the drop boxes and submitting a ballot at the elections office in every way except one: having someone ask the voter to confirm the ballot is theirs.
“I became aware that our sheriff’s deputies do not ask that question, and I believe they need to ask that question,” Leinbach said. “You cannot request to see an ID in Pennsylvania. But I’m asking that our drop box policy be modified to direct the sheriff’s deputies, when a person drops off a ballot, to ask the same question that is already asked of a person who drops off a ballot at the elections office.”
Leinbach said the change is about providing added security.
“I basically looked at the drop box and I want the same security if the person did it in person at the elections office,” he said. “And that’s simply what we are trying to do here.”
The change Berks has made to its drop box policy has drawn the attention of Pennsylvania’s top election official.
Sheriff notified
Acting Secretary of State Leigh Chapman revealed during a virtual press briefing Tuesday morning that she had sent a letter to Berks Sheriff Eric Weaknecht expressing her concern with law enforcement questioning voters at the drop boxes.
“My concern is that when there is law enforcement present, when there is questioning of voters at drop boxes, there could be potential for voter intimidation,” she said at the briefing. “You know, a lot of voters may not even decide to show up and return their ballot because of that concern. So I sent a letter to Berks expressing my concern.”
Chapman said there are no state laws regarding drop boxes, but the department recommends that they be monitored with surveillance cameras.
The county commissioners said they have not seen Chapman’s letter.
Weaknecht did not immediately respond to a message seeking comment on the letter.
In an emailed response to questions about Chapman’s letter, county spokeswoman Stephanie Weaver said the policy was fully discussed at a public elections board meeting and that the county does not have any further comment on the policy at this time.
The letter, which Chapman provided to the Reading Eagle, brings up several potential problems with the policy change in Berks.
“The mere presence of law enforcement at the ballot boxes presents a broader concern,” the letter states. “For a variety of reasons, law enforcement officers, whether they be in uniform or in civilian clothes, positioned near a ballot drop box may very well dissuade eligible voters as well as authorized designated agents from legally casting ballots.”
Chapman said this concern underlies the provision of the election code — dating back to 1937 — that prohibits police officers from being stationed within 100 feet of a polling place during an election.
She writes that while she appreciates that law enforcement officials have been entrusted with an important responsibility to enforce the law and to implement the new county policy, she believes that as the chief election officer of the commonwealth it is her duty to ensure voters can continue to cast their ballots without interference and that elections continue to run securely, freely and fairly.
“In furtherance of that duty, I believe that it is important for me to request that you do not station deputy sheriffs outside of ballot drop boxes in Berks County and that deputy sheriffs refrain from stopping and questioning prospective voters as they deposit ballots into drop boxes,” the letter states.
She added that Pennsylvania counties have successfully deployed ballot drop boxes following the Department of State’s guidance and best practices for security, monitoring and proper chain of custody without the presence of law enforcement.
Chapman told Weaknecht that people in her office are available to meet with him and discuss how they can work with election officials in Berks to ensure the general election runs smoothly and that voters are able to cast their ballot without interference. She also requested that he reach out to her within a week to provide her with the details of his plan to implement the updated drop box policy.
More criticism
A local activist group also has expressed concerns about Berks having deputy sheriffs at drop boxes and asking voters to verify that they’re submitting their own ballot.
Following the news that the county will instruct deputies to question voters, several advocacy organizations including Make the Road Pennsylvania, Berks Stands Up and the American Civil Liberties Union of Pennsylvania called on the county to remove the officers from those posts.
Members of the organizations said the physical presence of law enforcement when voters are returning a mail ballot creates an environment of intimidation and the risk of confrontation as people attempt to exercise their constitutional right to vote.
They argue that surveillance cameras or election staff could amply secure the drop boxes without the harassment and intimidation of law enforcement.
Diana Robison, the civic engagement director for Make the Road, said that in order for the county to comply with state and federal law the board should remove the deputies from the drop box locations so every voter can vote safely, securely and free from intimidation.
“Having armed law enforcement at the drop boxes creates an intense and intimidating atmosphere that is not good for voters,” she said. “It could be someone who is voting for the first time and seeing that could be discouraging.
“We should be looking for ways to make voting more inviting and ensure voters feel safe.”
Robinson said the organization has not heard of any complaints from county residents about being harassed or threatened. But, she said, the group knows communities of color have historically had a negative relationship with law enforcement so it could be intimidating to see an armed presence at a ballot drop box.
She acknowledged there are other methods for returning ballots such as dropping them in a mailbox or walking into the elections office but added the county should ensure voters have as many opportunities as possible to cast ballots without fear of intimidation.
“It just makes it a lot easier for people to participate in democracy,” she said. “Voting should be a joyous event for everyone wanting to exercise their right to vote.”
Source: Berkshire mont
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