A Pennsylvania Commonwealth Court ruled that the state's secretary of state has the authority to prevent unauthorized third-party access to voting machines. The court sided with the state Department of State, which can decertify machines that have been accessed by unauthorized individuals. This ruling is a victory for the state in a dispute with Fulton County, which allowed a private company to examine voting machines in 2021.
Thomas Breth, front, a lawyer for Fulton County, Pa., stands with other county officials and explains that the state Supreme Court had just put their voting machine inspection on hold before it started in McConnellsburg, Pa., on Jan. 14, 2022.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.
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.
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.”
The Fulton County board, through chief clerk Stacey Shives, declined to comment about the decision. Messages seeking comment were left Tuesday for Fulton County’s lawyers, Tom Carroll and Jim Stein. A Department of State spokesperson said it planned to comment on the matter.
Voting Machines Election Security Pennsylvania Secretary Of State County Officials
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