Harrisburg, Pa. – A Pennsylvania court delivered a significant ruling on election security, asserting that the secretary of state possesses the authority to prohibit unauthorized third-party access to voting machines. The decision, reached by a 6-1 vote, warns counties against allowing such access under the threat of having their voting machines decertified, rendering them unusable in future elections.
The Commonwealth Court stated that the Department of State is not obligated to reimburse counties for the decertification of machines, a setback for Fulton County. This controversy arose when two Republican county commissioners permitted an unauthorized examination of Dominion voting machines by Wake Technology Services Inc. in 2021.
In response to this incident, the state elections agency issued a directive to safeguard against possible security breaches. Fulton County’s voting machines were decertified following the examination, leading to a lawsuit against the secretary of state filed by the county and the two commissioners.
Fulton County contended that it had comprehensive authority over its voting systems, while the secretary of state maintained that allowing each county to act independently could lead to chaos within the electoral process. Judge Renee Cohn Jubelirer, authoring the majority opinion, emphasized that a 1937 state election law does grant county election boards considerable powers. However, it was amended to ensure that the secretary plays a crucial role in maintaining statewide electoral consistency and security.
The court underscored the importance of balancing state and local powers to ensure free, fair, and secure elections. Judge Jubelirer affirmed that there is no conflict between the powers of county boards of elections and the secretary’s directives, which ultimately serve to protect the integrity of the electoral process.
The Department of State expressed satisfaction with the ruling and highlighted the administration’s dedication to the secure management of elections. The decision reinforces the secretary’s role in protecting voting systems from unauthorized entities attempting to undermine public confidence in elections.
Fulton County officials opted not to comment on the ruling. The county, which has a population of approximately 15,000, previously brought in Wake TSI to investigate claims of election fraud, following allegations made by former President Donald Trump regarding the 2020 election outcome. After the dispute, Fulton County has since replaced its voting machines, which were seized during the legal proceedings.
