Complaint alleges ‘defendants have commenced the 2024 election without completing L&A testing.’ Makhija calls it a ‘frivolous lawsuit’
Election procedures in Montgomery County are being challenged as Republican officials brought a complaint to the Montgomery County Court of Common Pleas, according to court dockets.
The Republican National Committee, Montgomery County Republican Committee Chairman Christian Nascimento and Dave McCormick, a Republican candidate running for U.S. Senate against incumbent Sen. Bob Casey, all listed as plaintiffs, accused Montgomery County election officials of sending out mail-in ballots prior to wrapping up “logic and accuracy testing,” the Sept. 20 complaint states.
The Montgomery County Board of Elections, Montgomery County Office of Voter Services’ Interim Director Frank Dean, the Montgomery County Board of Commissioners, as well as Montgomery County Commissioners Tom DiBello, Neil Makhija and Jamila Winder were listed as co-defendants. Makhija and Winder, both Democrats, serve as chairman and vice chairwoman of the county’s election board, respectively. DiBello, a Republican, serves as the minority commissioner on both boards.
Filed on Sept. 20, the “civil complaint action” seeks an “emergency petition for a special and preliminary injunction with memorandum of law,” the filing states. Montgomery County Court of Common Pleas Judge Gail A Weilheimer was tasked with overseeing the proceedings, according to a docket sheet.
A directive from the Pennsylvania Department of State outlined parameters associated with the mandated testing to ensure the functioning of equipment and systems ahead of an election.
Specifically, the examinations feature “series of pre-election steps intended to ensure that ballots, scanners, ballot-marking devices, and all components of a county’s certified voting system are properly configured and in good working order prior to being used in an election. These steps must include every procedure that counties will use in the actual election.”
“County election boards must complete the certification at least fifteen days prior to every election held in their jurisdiction and must submit the certification electronically to the Department of State as prescribed by the Bureau of Elections,” the directive states.
As of Sept. 16, Montgomery County had recorded 619,080 registered voters, according to figures from the Pennsylvania Department of State. Montgomery County officials received certified ballots from the Pennsylvania Department of State that same day.
Montgomery County voters can cast their ballots by mail, absentee or in-person on Election Day. Around 115,000 mail-in ballots had been requested as of Sept. 17. County officials anticipate requests of up to 200,000 mail-in ballots for the election.
Security outlined
County officials held a press conference showcasing election-related preparation and security initiatives on Tuesday, Sept. 17, announcing mail-in ballots would be going out to voters in the coming day. Makhija cast his ballot on Sept. 17 after the press conference concluded.
“Election Day is no longer Nov. 5. Election Day starts today and it’s every day until Nov. 5,” Makhija said, noting options of in-person voting, mail ballots or absentee ballots, the latter two occurring ahead of the date.
Makhija emphasized the importance of increasing overall accessibility, giving voters a one-stop shop to register to vote, request their mail-in ballot and return it all at the county voter services office, located on the sixth floor of One Montgomery Plaza, 425 Swede St., in Norristown.
"I believe I cast the first ballot in Pennsylvania, which I will tell people for the rest of my life, and it’s really an exciting moment because here in the county we’ve done a lot of work … to a place where we can get people their ballots with plenty of time to mail them back, plenty of time to correct any technical issues that may come up with processing their ballot ... we expect ballots to get out in the mail this week, and there’s 115,000 people who have already applied for their mail-in ballot. If you have not already, it’s very easy,” Makhija said during a Sept. 18 county commissioners meeting.
Suit alleges fast start
The complaint alleges the “defendants have commenced the 2024 election without completing L&A testing.” Correspondence between Dean and Nascimento regarding testing showed it was allegedly first scheduled for Thursday, Sept. 19, and then rescheduled for Monday, Sept. 23, according to court documents. The complaint also stated “upon information and belief the defendants are the only county in Pennsylvania that have commenced voting without completing L&A testing.”
The complaint sought to have county officials stop distributing mail-in ballots until testing is finished and segregating any returned mail-in ballots.
Court dockets show that Montgomery County Solicitor Benjamin Field “filed for all defendants” on Sept. 23. In addition, "entry of appearances" were entered for DiBello, Dean, Makhija, and Winder. John Marlatt, the Montgomery County Solicitor's Office's chief of elections and transactional practice unit for the Montgomery County Solicitor's Office was representing the Montgomery County Board of Elections and Assistant Solicitor Joshua Wertheimer were also listed.
Makhija responded to the court complaint in a Sept. 23 statement to MediaNews Group:
“The RNC’s frivolous lawsuit is just the latest in a nationwide effort to engage in voter suppression, intimidate election officials, and undermine the democratic process,” Makhija said. “Our Voter Services staff has been diligently and effectively working to make our elections accessible for every eligible voter. We will continue that work so that Montgomery County voters have a safe, secure, and accessible election.”
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