On Tuesday Lehigh County District Attorney Jim Martin announced that voters in the upcoming May Primary election are being placed on notice concerning potential violations of the Election Code.

Under the law, a person may deposit only one ballot envelope; their own, when returning a mail-in ballot at either a mailbox or a drop-box.

Martin announced that county detectives will review video surveillance footage as well as physically monitor drop-box locations during the May Primary election.

If voters are seen dropping off more than one ballot, they may face prosecution and could be exposed to fines and penalties not to exceed $2,500 or be imprisoned for a term up to two years, or both, as provided in the Election Code.

Martin said he hopes that the possibility of that penalty being imposed will be a deterrent to violating the Pennsylvania Election Code and hopes that voters will abide by both the letter and the spirit of the law.

Martin has made suggestions to the election board for improvements in notifying voters using drop-boxes that they may deposit/drop only one ballot; and of the possible penalties that could be imposed if they choose to deposit more than one ballot.

These suggestions were outlined Tuesday and emailed to the Lehigh County Election Board. It includes a suggestion for an explicit warning to be placed on the drop-boxes in a more prominent spot stating that voters should return only their ballot and setting forth the possible penalties they face if they return more than one ballot envelope.

He suggests a prominent sign to tell people to return only their ballot. The violation could result in a $2,500 fine or a prison term of up to two years.

Voters should be aware that it is a violation even if the voter only deposits his/her spouse’s or another family member’s ballot in addition to their own. A signed waiver to help a disabled person is available through the election office.

On April 4, Martin issued a report indicating that in a sample, at least 288 people deposited more than one ballot at five area drop-boxes between Oct. 18 and election day, Nov. 2, 2021.

Very few of those 288 people could be identified due to the mask mandate in place at the time and the quality of video surveillance at the four drop-box locations inside various municipal buildings as well as at the Lehigh County Government Center at 17 South Seventh Street in Allentown. Four of the five locations were open only during “regular” business hours. The Government Center was open 24/7. Martin suggests those hours be revised to 8 a.m. to 5 p.m.

At the time the report was issued, a decision was made by Martin not to prosecute any of those few people who could be identified dropping off more than one ballot because the vast majority could not be facially identified beyond a reasonable doubt due to masks and/or video quality.