Lately, various social media accounts post about Pennsylvania Emergency Backup Ballots. The problem? It is a completely made-up term that may result in more voters voting on provisional ballots rather than the machines. But some influencers do not want facts to get in the way of an enticing internet posting.
For the May 2025 primary election, I voted on a provisional. Unbeknownst to me, the mailbox I used had apparently been left off the pickup route by the frustratingly inefficient United States Post Office. Luckily, I utilized the Pennsylvania online ballot tracker and realized my local election office never received my ballot. I knew I would have to go in person to my polling place on Election Day and vote provisionally.
For the uninitiated, a provisional ballot in Pennsylvania is a paper ballot given to voters who appear at a polling place and claim to be eligible to vote, but the polling place officials either cannot locate them in the poll book, or the poll book indicates that the voter has already received a mail-in or absentee ballot. To guard against double voting, the law requires the polling place officials to prohibit these voters from voting on the machines, unless the voter can produce the ballot paperwork they received to surrender it. The County Board of Elections later reviews the provisional ballots and determines eligibility. These decisions can be litigated in court. I know because I have challenged many of these ballots in past elections.
Unfortunately for Pennsylvania voters, the portion of the statute outlining the provisional ballot procedures does not directly match the portion of the statute outlining which provisional ballots shall be rejected. Counties interpret this statute differently, so procedures vary across the Commonwealth. Our legislature remains unwilling or unable to address our poorly written, internally conflicting statute. The Department of State recently redesigned the provisional ballot envelopes, but that will not fix the ambiguously worded statute.
In May 2025, I reviewed my provisional ballot documents, knew exactly what to write, and insisted on watching the polling place officials. While polling place officials do their best, some may not be familiar with this process.
Mail-in ballots remain a hot topic in the Keystone State, but most voters prefer in person voting. In the 2024 presidential election, about 72 percent of Pennsylvania voters voted on Election Day while only about 28 percent voted by mail.
Despite the preference for Election Day voting, in their zeal to post that they increase voter participation, incredibly misinformed social media influencers lead voters astray by encouraging unwitting voters to apply for a completely made-up term: Emergency Backup Ballot. They tell voters, “If an emergency happens, you’ve got your ballot as a plan B.”
If you have an emergency on Election Day, you must return your mail-in ballot (that you were apparently saving for an emergency), in person to your local Board of Elections by 8:00 p.m. on Election Day. Problem: that is more inconvenient and cumbersome than simply going to your polling place. How does having a mail-in ballot in hand that you need to return in person solve your emergent situation? Any emergency keeping you from your polling place on Election Day will also keep you from traveling to your local Board of Elections.
If it is Election Day and you have a mail-in ballot, you have only three options: (1) go to your polling place, surrender your mail-in ballot, and vote on the machine; (2) go to your polling place and vote provisionally; (3) Hand deliver your mail-in ballot to your Board of Elections or a drop box before 8:00 p.m. on Election Day.
Because most voters are not happy to be pushed to vote on a provisional ballot, and will be even less happy if that provisional ballot does not get counted, urging voters to order mail-in ballots they do not intend to use is a disaster in the making.
The solution? Make a conscientious plan to vote. The safest and most secure method to vote by mail is to go to your County Board of Elections Office, request a mail-in ballot, and return it in person well before Election Day. If you want to vote on Election Day, find your local polling place and make a plan. In 2024, the Trump campaign surgically targeted low propensity voters for mail-in voting – those who only sporadically vote – because those voters likely would not show up on Election Day. The misinformation internet masterminds now telling everyone to order an Emergency Backup Ballot violate an important rule of campaigning: do not confuse your reliable voters.
Be careful about internet advice, especially when it comes to something as precious as your vote. You do not need an Emergency Back Up Ballot because no such thing exists. Do not let social media convince you otherwise.
