Pennsylvania Court Rules to Safeguard Voting Machines from Unauthorized Access

Pennsylvania Court Rules to Safeguard Voting Machines from Unauthorized Access

In a significant decision, the Pennsylvania Commonwealth Court ruled 6-1 on Tuesday that the state’s secretary of state has the authority to prohibit counties from granting “unauthorized third-party access” to voting machines. Noncompliance could result in decertification of the machines, rendering them unusable for elections.

The court also determined that the Department of State is not obligated to reimburse counties for decertified machines. This verdict is a setback for Fulton County, where a dispute arose after two Republican commissioners permitted Wake Technology Services Inc. to examine and extract data from Dominion voting machines in 2021.

The state elections agency subsequently issued a directive barring such third-party access, citing potential security risks. As a consequence of the unauthorized examination, Fulton County’s voting machines were decertified, prompting the county and commissioners Randy Bunch and Stuart Ulsh to sue the secretary of state.

Fulton County argued for broad local authority over voting machines, but Judge Renee Cohn Jubelirer, writing for the majority, rejected this view. She stated that granting counties unchecked control over electronic voting systems would lead to “an absurd and unreasonable result.” Jubelirer emphasized that while a 1937 state election law provided counties with broad powers, subsequent amendments entrusted the secretary of state with ensuring statewide consistency and security in electronic voting systems.

The court’s majority opinion underscored the balance of power between state and local authorities, stating it is essential for maintaining “free, fair, and secure elections.” Jubelirer wrote that county election boards can fulfill their duties while adhering to the secretary’s directives, ensuring both local and statewide integrity.

The Department of State welcomed the ruling, with a spokesperson for Democratic Governor Josh Shapiro’s administration affirming its commitment to “secure and fair elections.” The decision, the department stated, underscores the secretary’s role in safeguarding voting systems against unauthorized access and preserving public confidence in Pennsylvania’s elections.

Fulton County officials declined to comment on the ruling. Efforts to reach the county’s lawyers, Tom Carroll and Jim Stein, were unsuccessful.

The dispute traces back to Fulton County’s decision to engage Wake TSI for an external review of Dominion voting machines, part of a broader effort to investigate unfounded claims of election fraud propagated by former President Donald Trump following his 2020 loss. Fulton County, a rural area with a population of 15,000, has consistently supported Trump in his presidential campaigns.

During the controversy, Fulton’s voting machines were impounded by the court. The county has since replaced them, but the legal and procedural implications of this case highlight the ongoing challenges in balancing election security with local autonomy.

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