Judge extends mail ballot voting in Bucks County after Trump, McCormick campaigns file lawsuit

A judge ruled that Bucks County voters will be able to apply for, receive, vote, and return a mail-in ballot until the close of business on Friday, Nov. 1 after campaigns for former President Donald Trump and Republican Senate candidate Dave McCormick sued the county over long lines and voters being turned away. 

The suit, filed in the Court of Common Pleas in Bucks County, asked for mail ballot voting on demand to be offered for one more day. On Wednesday, the judge agreed. 

The docket from the Common Pleas of Bucks County, Pennsylvania states, “Defendants [Bucks County Board of Election] actions in turning away voters who sought to apply for a mail-in ballot and receive one in person before the deadline of 5 p.m. on Oct. 29, violated the Pennsylvania Election Code. Defendants shall permit any persons who wishes to apply for, receive, vote, and return a mail-in ballot to appear at the Elections Bureau office and do so during normal business hours before the close of business on Nov. 1.”

Bucks County election officials are asking that the extension be limited to the Doylestown location. They say they can move printers there to serve voters efficiently. They’re also asking that the time frame each day go from 8 a.m. to 5 p.m.

Pennsylvania doesn’t have early voting on voting machines like other states — the closest thing to it is called mail ballot voting on demand.

In that process, voters can request a mail-in ballot in person at their county’s elections office. The voter then receives the ballot in minutes, fills it out in person and returns it all in the same trip. 

The last possible day to vote with a mail ballot on demand was Tuesday, Oct. 29, the same as the deadline to request a mail-in ballot. Long lines formed outside the Bucks County administration building Tuesday.

When CBS News Philadelphia was there, the line was wrapped around the block.

Bucks County Commissioner and Chair of the County Board of Elections Bob Harvie said lines were long because it takes workers 10-12 minutes to process an application for a voter in the on-demand process.

“It is a very cumbersome process. We don’t have limitless resources here,” Harvie said. “We have a fixed number of staff. We have a fixed budget.”

According to a county spokesperson, the line for the on-demand process was cut around 2:45 p.m. on Tuesday. The county continued accepting applications for mail-in ballots until 5 p.m. That option was also available online. 

The Pennsylvania Department of State had asked every county to ensure every voter who was in line by 5 p.m. could at least fill out and submit an application for a mail-in ballot. The lawsuit claims the Department of State told voters in line would be able to receive their mail-in ballot in addition to applying for it, citing a post on X from the official @PAStateDept account.

“If you are in line at a county elections office tonight at 5 p.m. to apply for your mail-in ballot, counties must give you an opportunity to do so. Our team continues to work with all counties to ensure every eligible voter who wants to vote by mail ballot is able to,” the post read.

That post does not say that voters who are staying in line would receive their mail-in ballot the same day, only that they would be permitted to submit an application.

“If you are in line by 5 p.m. for an on-demand mail-in ballot application, you will have the opportunity to submit your application for a mail-in ballot,” Bucks County officials said on X. “That ballot will then be mailed to the voter or can be picked up by the voter later this week.”

The suit also asked the court to find the issue of voters being turned away and unable to receive their mail-in ballot by 5 p.m. as a violation of the Pennsylvania Election Code.

The intent to sue was announced Tuesday night as Trump rallied in Allentown.

Michael Whatley, Republican National Committee chair, said the campaign intends to sue the county over alleged voter suppression involving turning voters away.

“We are not going to let them suppress our votes,” Whatley said. “We are going to fight. I’m proud to tell you tonight the Trump-Vance campaign has announced a huge lawsuit against Bucks County for turning away our voters.”

Voters who have a mail-in ballot but weren’t able to cast it on demand should return the completed ballot to a drop box. Secretary of the Commonwealth Al Schmidt said this close to the election, it’s best to hand-deliver the ballot.

The Bucks County spokesperson said county elections officials are aware litigation may be filed and had no further comment.  

On social media Wednesday, Pennsylvania Gov. Josh Shapiro said Republican and Democratic clerks of elections are working together with law enforcement to ensure only eligible voters are registered and can vote.

“Let’s remember, in 2020, Donald Trump attacked our elections over and over,” Shapiro wrote on X. “I was the Attorney General back then and despite his bluster and rhetoric, he went 0-43 in court when he fought to make it harder to vote and then tried to overturn Pennsylvanians’ votes. He’s now trying to use the same playbook to stoke chaos, but hear me on this: we will again have a free and fair, safe and secure election — and the will of the people will be respected.”

On Tuesday, the U.S. Postal Service recommended voters mail ballots no less than a week before the county elections office needs it — in Pennsylvania, they’re due by 8 p.m. on Election Day — postmarks don’t count.

If you are voting on Election Day, as long as you are in line before polls close, you will be guaranteed a chance to vote.