HARRISBURG, Pa. — A Pennsylvania court on Tuesday ruled 6-1 that the secretary of state has the authority to direct counties not to allow “unauthorized third party access” to voting machines or risk having those machines decertified and unable to be deployed for elections.
The Commonwealth Court said the Department of State does not have to reimburse counties when they decertify machines, a defeat for Fulton County in a dispute that arose after two Republican county commissioners permitted Wake Technology Services Inc. to examine and obtain data from Dominion voting machines in 2021.
That led the state elections agency to issue a directive against such third-party access based on concerns it could compromise security. Fulton’s machines were decertified as a result of the Wake TSI examination and the secretary of state was sued by the county as well as Republican county commissioners Randy Bunch and Stuart Ulsh.
Fulton had argued it had broad authority over the voting machines, while the secretary of state said that “would mean that every county board of elections can do whatever it wants” with electronic voting systems under their authority to inspect elections, “an absurd and unreasonable result,” wrote Judge Renee Cohn Jubelirer for the majority.
She said a 1937 state election law gave county election boards broad power, but state lawmakers amended it “to give the secretary an important role in ensuring statewide consistency and safety” regarding electronic voting systems. The state and local power balance over elections and voting equipment, the majority said, helps “protect and provide for free and fair and secure elections.”
“There is no conflict between those provisions, and it is entirely possible — indeed necessary — for county boards of elections to fulfill their powers and duties while heeding the secretary’s report and directives,” Jubelirer wrote for the majority.
The Department of State issued a statement saying it was pleased with the decision and that the adminstration of Democratic Gov. Josh Shapiro “is committed to ensuring the free and secure administration of elections, and today’s decision recognizes that the secretary is empowered to keep voting systems secure from unauthorized third-parties seeking to undermine confidence in Pennsylvania’s elections.”
The Fulton County board, through chief clerk Stacey Shives, declined comment about the decision. Messages seeking comment were left Tuesday for Fulton County’s lawyers, Tom Carroll and Jim Stein.
The officials in Fulton, a 15,000 population county in rural central Pennsylvania, brought in Wake TSI and allowed another outside inspection as part of an effort to find the sort of election fraud that then-President Donald Trump falsely claimed existed after his 2020 reelection loss. Fulton heavily supported Trump in all three of his presidential campaigns. Ulsh is no longer an elected county commissioner.
Fulton replaced the voting machines, which were impounded by the court during the dispute over allowing others to access them.