'Empty table': Questions raised as key agency hit by Trump fury skips election conference

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Secretaries of state and election officials from across the nation gathered at separate conferences this past week in Washington, where the new administration has been moving quickly to slash the federal workforce and dismantle certain agencies.

One pressing question at the gatherings of the National Association of Secretaries of State and the National Association of State Election Directors was how the shift in power will affect collaborations with federal agencies that help safeguard elections, including the FBI, the U.S. Election Assistance Commission, and the Cybersecurity and Infrastructure Security Agency.

So far, it’s hard to tell.

Commissioners and staff members from the EAC — a small agency that serves as a clearinghouse for best practices, federal grants, and data, and assesses whether voting machines meet federal standards — were visible at both conferences, and said their work continues.

A representative of the FBI’s cybersecurity division appeared at NASS, where she spoke on a panel about cybersecurity threats. An FBI representative who was expected to join a panel at NASED didn’t show.

The most glaring absence was CISA, whose reserved table at the NASED conference remained empty.

“CISA was telling us that in light of the new administration, they were reevaluating their conference attendance,” said Amy Cohen, executive director for NASED.

CISA was created in 2018, the year after federal officials designated elections as critical infrastructure. Since then, the agency has been an important partner for election officials, providing security assessments, training, and resources aimed at “protect(ing) America’s election infrastructure against new and evolving threats.”

But the agency angered President Donald Trump after it declared the November 2020 election “ the most secure in American history,” disputing the false claims by Trump and his allies that fraud cost him victory. Trump responded by firing Chris Krebs, the agency’s first director, before he left office in 2021.

More recently, CISA has drawn the ire of Kristi Noem, Trump’s pick to run the Homeland Security Department, which oversees the cybersecurity agency. During her Senate confirmation hearing in January, she called for shrinking the agency.

Election officials noticed the agency’s absence.

“I note the incongruity with the fact that many of you, maybe all of you, mentioned cybersecurity … and the empty table out front that says CISA on it," Judd Choate, elections director for Colorado, told a panel of congressional staffers, an absence that he said he could “only interpret as: They were told not to attend.”

A CISA spokesperson told Votebeat that because of funding uncertainties — Congress passed a short-term funding bill that expires in March — the agency is “reevaluating all conferences and engagements until a resolution.” The agency did not say whether it had been directed not to send representatives to the conferences, or whether it would continue providing services to election officials.

Kim Wyman, a former senior election security adviser at CISA who was secretary of state for Washington during the 2020 election, said she was “certainly concerned” about the agency’s absence, but she’s trying not to read too much into it.

Wyman said CISA was a useful resource for her as secretary of state when she needed physical and cyber security assessments for local elections offices that would help them determine where improvements could be made.

“Having that direct connection to CISA gave, particularly our local counties, a lot of powerful resources to secure their systems,” she said.

Wyman, now a senior fellow on elections at the Bipartisan Policy Center, said there have been some recent “bright spots” in the federal government’s relationship with election officials, pointing specifically to the continuation of the Elections Infrastructure Information Sharing & Analysis Center and Multi-State Information Sharing and Analysis Center, both of which are funded by CISA.

“That for me was a big positive indication that election officials are going to have these tools available,” she said. “But I am concerned that some of the direct services, like [CISA’s] elections security advisers that are in each of the 10 regions, I hope that they continue to be able to perform those duties and stay in those roles.”

Trump has yet to name a nominee to head CISA. The most recent director, Biden appointee Jen Easterly, departed at the end of the last administration. Last week, the Trump administration placed at least seven CISA employees who work on combating foreign disinformation within the election security arm of the agency on administrative leave, the Washington Post reported Saturday.

Cohen, the NASED director, said that cyber and physical security remains a top concern for election officials.

“It is concerning that they are not here,” she said. “I hope it is not indicative of a larger shift, but it’s hard not to take it that way.”

One federal agency, the U.S. Citizenship and Immigration Service, did signal plans to work more closely with secretaries of state on elections. Election officials, primarily from Republican states, have lobbied for more access to federal data to help them determine the citizenship status of people on the voter rolls, and in some cases have sued.

CIS maintains the Systematic Alien Verification for Entitlements program, or SAVE, which allows states a way to check an individual’s immigration status, based on a unique DHS-issued identification number.

Tammy Meckley, a CIS representative who spoke on a panel at the secretaries of state conference, said the fee her agency charges for using that service is supposed to rise to $3.10 per transaction by 2028.

Meckley said she is open to working with election officials in what she described as “a different political landscape” to find other ways to search that would produce accurate matches “with a high degree of confidence.”

Interim Editor-in-Chief Carrie Levine contributed.

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

Group uses flimsy USPS data in effort to block hundreds of Pennsylvania votes

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A group of citizens are challenging hundreds of mail ballot applications in southeast Pennsylvania, claiming they were submitted by voters who have moved to a new address that disqualifies them from voting in the state.

The challengers, apparently working as organized activists across multiple counties, are claiming that these voters are ineligible for a mail ballot because the address in the state’s mail ballot request file does not match an address connected to the voter’s name in a U.S. Postal Service database. This method of cross-checking has been regularly criticized by election experts as insufficient to confirm that the records refer to the same person.

The challenges filed with counties claim the voters are no longer Pennsylvania residents and thus are not eligible voters and cannot receive a mail ballot. The challenges apparently cite data from the Postal Service’s National Change of Address database showing a record that someone matching the voter’s name has filed an address change for mail delivery.

Pennsylvania law requires that someone must be a resident of Pennsylvania to be an eligible voter but does not require that their Pennsylvania address be where they receive mail.

A coalition of voting rights groups is pushing back against the challenges, calling them a “malicious attempt” to disenfranchise voters.

“We are very concerned about the validity and intent of these challenges, deliberate abuse of the election system, and the time and energy it will take for our local election officials to address them,” said Susan Gobreski, president of the League of Women Voters of Pennsylvania. “We will defend the freedom to vote for all Pennsylvanians.”

According to Pennsylvania law, mail ballot applications can be challenged up until 5 p.m. the Friday before the election — for a fee of $10 each — on the grounds that the applicant is not qualified to vote.

The challenges appear to be a coordinated effort. Broad and Liberty, a conservative Philadelphia-based news outlet, reported Monday that it had reviewed a list of the 865 challenges, targeting voters registered in Bucks, Chester, Montgomery, and Delaware counties. Broad and Liberty did not name the group behind the effort, and reported that the challenges are mostly targeting Democratic voters’ applications.

Votebeat and Spotlight PA confirmed with Bucks County that its election office had received 191 challenges Friday from the same person. Spokesperson Jim O’Malley said a hearing by the board of elections would need to take place to determine the validity of the challenges, and that the hearing had not yet been scheduled.

Chester County spokesperson Rebecca Brain said the county had received 212 challenges, all using the same standard phrasing, and that a board of elections hearing was scheduled for Friday to review the challenges.

Megan Alt, a spokesperson for Montgomery County, said the county has not received any challenges yet, but would address them if they come. Jim Allen, elections director in Delaware County, said someone did recently come in with 140 challenge forms, but when they were informed they needed to use the county’s affidavit, they took all 140 forms and left.

According to a petition reviewed by Votebeat and Spotlight PA, the person filing challenges in Chester County is Diane Houser. Houser is a plaintiff in a lawsuit brought this summer by a right-wing group called United Sovereign Americans challenging the state’s voter roll maintenance.

Houser did not immediately return a call or email seeking comment.

Such challenges using USPS data may also be occurring in other states. A lawsuit filed in Harris County, Texas, this month seeks to challenge thousands of registrations based at least in part on what the lawsuit describes as a “simple comparison” of the change of address data to the county voter rolls.

David Becker, executive director of the nonpartisan, nonprofit Center for Election Innovation & Research, said USPS change-of-address data can be unreliable on its own for determining voter eligibility because it does not contain unique ID numbers for individuals, birthdates, or driver’s license information, and often doesn’t differentiate between family members with the same or similar names, like a senior and junior.

While election officials do use this data for list maintenance, they use it in combination with other sources such as driver’s license records to improve confidence that they’ve got the right person.

“No data scientist would ever consider matching a National Change of Address file to another file and say with confidence this is the same person,” Becker said. “And of course you definitely don’t want to say that when you are in close proximity to an election and might disenfranchise someone.”

The American Civil Liberties Union of Pennsylvania, in a letter to all 67 counties, is cautioning them that deeming the applications ineligible on the basis of the challenges would violate the law, since the only requirement to receive a mail ballot is that a person be a registered voter. The ACLU asserts that the USPS data can not be used to distinguish between a person’s plan to temporarily relocate or to permanently move, and thus is insufficient alone to prove the voter is not qualified.

The letter also reminded counties that it is too late to remove voters from voting rolls, as federal law prohibits systematic removals within 90 days of an election.

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

Five of Pennsylvania’s ‘fake electors’ from 2020 are back on Trump’s 2024 slate

Five Pennsylvania Republicans who joined an alternate slate of electors for Donald Trump in 2020 will again serve as presidential electors in this year’s contest.

William “Bill” Bachenberg, Bernadette Comfort, Ash Khare, Patricia Poprik, and Andrew Reilly are included on a list of electors submitted to the Pennsylvania Department of State by the GOP.

Those electors, along with 15 others, drew criticism after submitting their names as electors for Pennsylvania in December 2020 and casting votes for then-President Trump, even though Joe Biden won the state’s popular vote. But unlike similar groups of alternate or “fake” electors in other swing states in 2020, the Pennsylvania slate avoided legal repercussions because of a caveat they included in the certificate documenting their vote.

Of the five electors appearing again on this year’s slate, three who spoke to Votebeat and Spotlight PA indicated they would be open to doing the same this year if they felt there was a similar legal dispute over the results.

“I honestly believe any electors for either party would do that,” Poprik said.

Pennsylvania, like most states, allocates its presidential electors according to who wins the popular vote. This year, the winning candidate’s electors will meet Dec. 17 to cast their votes.

One elections expert said people who participated in a 2020 elector scheme shouldn’t be allowed to do so again this year.

“It is the voters who determine elections — not ‘fake electors’ who attempt to upend the results of a fair election,” said Lindsey Miller, director of strategic research at Informing Democracy, a nonprofit made up of lawyers, election experts, and researchers that focuses on vote-counting and certification.

“Those who participate in election fraud should be held accountable, not given another bite at the apple,” Miller said.

Who are the electors who choose the president?

In the United States presidential election system, each state is represented by a certain number of electors based on its population. Electors are citizens of the state whose vote determines who wins the presidency. In 2020, Pennsylvania had 20 electoral votes. This year it has 19.

Each political party selects a slate of electors before the general election. Once the winner of the state’s popular vote is determined, the governor authorizes that candidate’s slate to cast their votes in the Electoral College (except in two states, Nebraska and Maine, which award some of their electoral votes proportionally and can split them between candidates). Each state’s electors then submit a certificate of their votes to Congress, which accepts and counts those electoral votes on Jan. 6 of the year following the presidential election. A presidential candidate needs 270 or more electoral votes to win.

Because Joe Biden won the popular vote in Pennsylvania in 2020, his slate of electors were chosen to be part of the Electoral College, and Congress counted the state’s electoral votes for him. But a slate supporting Trump also convened and cast purported electoral votes.

How did Pennsylvania’s alternate electors come together?

According to reporting from The New York Times and other news organizations, as well as Votebeat and Spotlight PA interviews with participants, the plan to convene alternate electors was organized by the Trump campaign.

Lawyers for the campaign, including former New York Mayor Rudy Giuliani, appointed a “point person” in each state to help organize the alternate electors, according to the Times. In Pennsylvania, that person was state Sen. Doug Mastriano, who reportedly needed assurances that the plan was legal.

However, two of the electors — Sam DeMarco and Charlie Gerow — said they mainly interacted with Trump attorney James Fitzpatrick.

On Dec. 14, the alternate GOP electors met in the offices of Quantum Communications, Gerow’s Harrisburg-based public affairs firm, to cast votes for Trump. Pennsylvania law requires that the electors meet in the state capital. Biden’s electors also met in Harrisburg to cast their votes on this day.

Unlike the Republicans in some other states, Pennsylvania’s GOP electors added an important caveat to the certificate they signed, saying that the votes they were casting should be counted only if a court found that they were the “duly elected and qualified electors.”

That likely shielded them from the legal consequences faced by participants of similar plots in Michigan and Arizona. But it was unlikely anyway that the alternative GOP slate could emerge as qualified electors.

Many of Trump’s lawsuits challenging Pennsylvania’s results had concluded by Dec. 14. Some of the original Trump electors, such as Pennsylvania GOP Chairman Lawrence Tabas, also declined to sign the certificate either due to concerns over its legality or because they recognized Biden as the legitimate winner, according to the final report of Congress’s January 6 committee, which investigated the 2021 attack on the Capitol on the day the electoral votes were tallied.

What they’re saying this time

Votebeat and Spotlight PA sought comment from the five 2020 GOP alternate electors who are electors again this year to ask them what they would do if they felt there was again a dispute over the results.

Khare and Reilly both disputed that the 2020 document they signed was an “alternate” slate, citing the caveat the electors added about the courts. Poprick also said the caveat was a “big” sticking point for the group.

“We were unanimous in saying we don’t have authority, so we made it contingent,” Reilly said. “If I am a 2024 elector and I am asked to cast a contingent vote, and if it’s legally proper, I will do so again.”

Reilly added that under “no circumstances” would he cast a vote for a candidate who was not certified and had “no path to victory.”

Khare said that in 2020, the alternate electors were not trying to evade the law and that the election was still “in dispute.”

When asked if he would sign a similar alternate slate this year, Khare said, “This is a hypothetical, and in politics, we do not answer hypothetical questions. It depends on what happens.”

Khare added that in 2020 things were “a mess” and that he didn’t expect that scenario this time because “people are aware of election integrity.”

Poprick also said she would be open to again putting her name on an alternate slate of electors.

“If the circumstances were the same and there were pending legal matters that had to be adjudicated, and you had to meet by that date, I would,” she said.

Comfort and Bachenberg did not immediately return phone messages or emails requesting comment.

Miller, of Informing Democracy, said the public should remain vigilant about efforts to weaponize misinformation, undermine the vote-counting process, and attack certification.

“These efforts will fail,” she said. “We remain committed to identifying any officials who may pose a threat to fair elections this November so that they may be monitored and held accountable for every step of the post-election process.”

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

How 9 mistakenly discarded ballots in PA fueled Trump’s lies about the 2020 election

New details about a 2020 case of accidentally discarded ballots in Luzerne County show how the Justice Department’s handling of an FBI investigation helped fuel then-President Donald Trump’s false narrative of a stolen election — despite department policies aimed at preventing such a situation.

A report released Thursday by the Justice Department’s Office of the Inspector General, its internal watchdog, examined how top officials handled and publicly released information from the FBI’s investigation, including then-Attorney General William Barr’s decision to share details of the investigation with Trump while it was ongoing.

Trump’s reelection campaign seized on the investigation into the discarded ballots as evidence that mail voting was being manipulated to steal the election from Trump.

However, the FBI found the real reason was much more mundane, the inspector general pointed out: A “mentally impaired” seasonal worker had simply made a mistake.

The Justice Department has policies to prevent investigations from being politicized, especially during an election year. The inspector general’s report highlights how breaches of these policies can snowball into false and exaggerated claims of election fraud.

“These types of minor clerical errors in election administration can be misused by bad-faith actors to undermine confidence in our electoral process,” said Pennsylvania Secretary of the Commonwealth Al Schmidt in a statement Friday. “Election administration is highly scrutinized, and any error — no matter how inadvertent, no matter how minor — will be used by those seeking to undermine confidence in election results and our representative democracy.”

Seven ballots cast for Trump appear in the trash

The case goes back to Sept. 16, 2020, when then-Luzerne County Election Director Shelby Watchilla discovered that one of her temporary election workers had mistakenly put nine military absentee mail ballots in the trash, according to Politico reporting at the time.

Watchilla reported the incident to supervisors, and two days later the Luzerne County district attorney notified the FBI that a county elections employee had discarded seven military absentee ballots — which had been taken out of their envelopes, revealing votes cast for Trump — in a dumpster. Two still sealed envelopes that the employee had “mishandled” were also provided to the FBI, according to the report.

The FBI took over the investigation on Sept. 21. The next day, the district attorney issued a press release about the incident and the FBI’s role in investigating it.

According to the inspector general’s report, then-Attorney General William Barr briefed Trump on the incident on Sept. 23, and informed him that the ballots had been voted for him, which was not public at the time. Trump went on to repeat that claim on a Fox Radio show the next morning

An initial statement from David Freed, who was overseeing the investigation as U.S. Attorney for the Middle District of Pennsylvania, incorrectly said all nine ballots had been cast for Trump; a corrected version said only seven had been cast for Trump, while the votes of the two unopened ballots were unknown.

The Trump campaign and its allies quickly began weaving the incident into a narrative about election fraud, which ultimately escalated to the Jan. 6, 2021, riot by Trump followers at the U.S. Capitol. Some examples:

  • Matt Wolking, a Trump campaign official, tweeted on Sept. 24 that “Democrats are trying to steal the election,” and repeated Freed’s erroneous statement that all nine mishandled ballots had been cast for Trump.
  • Trump mentioned the incident twice at the first presidential debate to back his claim that the election was “going to be a fraud like you’ve never seen.”
  • On the stump, Trump inflated his claim at one point to say “thousands of ballots” with votes for him were “dumped in dumpsters.”
  • Conservative activist Dan Carr said on Facebook the incident was “true election interference,” USA Today reported.
  • Campaign surrogate Eric Trump, the president’s son, alluded to the Luzerne case the day after the election as an indicator of Democratic cheating, saying “we’ve seen it from Day 1.”

Justice Department knew more than it let on

Even as Barr was informing Trump of the incident on Sept. 23, and Freed was drafting his statement, the Justice Department knew crucial information about the incident that it kept from the public, allowing misinformation about the case to go unchallenged.

The FBI had interviewed the temporary election worker on Sept. 22, and determined that he had “memory problems” and was “100% disabled” due to a “vehicle accident in 20s w[ith] brain injury,” the inspector general’s report said. The FBI also noted in an internal Sept. 23 email that the worker was “not capable of following simple instructions” and was assigned “menial tasks.”

Part of the problem, according to the report, was that return envelopes for military ballots were being mistaken for envelopes containing mail ballot request forms, so Luzerne election workers were opening both, even though ballot envelopes are not to be opened until Election Day. The envelopes containing ballots were not clearly marked, the Pennsylvania Department of State said at the time. Training for workers was increased after the incident, and in a statement this week, Schmidt highlighted a new training program for election directors launched last year.

Prior to issuing his Sept. 24 statement, Freed also told Barr he was “not sure” that the investigation was “going to result in a criminal charge.”

“Indeed, the Department determined before Election Day that no charges would be brought in the matter, although it failed to inform the public of that fact until well after the election,” the report said. It wasn’t until Jan. 15, 2021, that Freed’s successor announced publicly that no charges would be filed.

Report says Freed’s conduct violated some policies

The Justice Department has internal rules and policies on how federal investigators should handle and release details from an investigation, including “a longstanding policy prohibiting Department employees from commenting publicly about ongoing, uncharged investigations,” the report states.

The report focused on determining whether Freed’s public statements and Barr’s involvement in them, as well as Barr’s conversation with Trump, ran afoul of those policies.

The report said Freed’s statements “raised questions” about whether departmental policy had been violated, and about the motivations for releasing those statements during an election cycle, in particular because the statements specified the “name of a candidate for whom the votes were cast on the discarded ballots.”

The policy, the Election Year Sensitivities Memorandum, tells department employees they can “never select the timing of public statements (attributed or not) … in any matter or case for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.” The policy is meant to safeguard “the Department’s reputation for fairness, neutrality, and non-partisanship,” the report states.

Ultimately, the inspector general’s report concluded that Freed’s actions violated some DOJ policies, but that Freed and Barr hadn’t committed misconduct, because of ambiguities in the attorney general’s authority to approve the release of statements. The report also said while the inspector general was “troubled” by Barr’s relaying of details about the investigation to Trump, it was not a policy violation.

The inspector general said it was referring the matter to the U.S. Office of Special Counsel for investigation into possible violations of the Hatch Act, which prohibits executive branch employees from using their “official authority or influence for the purpose of interfering with or affecting the results of an election.”

Freed, whom Trump nominated as a U.S. attorney in 2017, denied to investigators that he acted with any political motivation.

Incident highlights dangers of misinformation

Claire Wardle, associate professor at Cornell University who studies misinformation and disinformation, said incidents like the one in Luzerne are not uncommon, since elections are often run by volunteers or those working for little pay. But in today’s partisan environment, the “messiness” of this process has been reframed through people’s biases about elections.

“Whereas before some of those human mistakes didn’t make the news, now we see what is a very natural part of democracy getting twisted,” she said. “In almost every single case it gets sorted, but the problem we have now is that people take photos and weaponize it to say ‘look, the system can’t be trusted.’”

Wardle said that this year, news organizations should put out stories about how the system works and issues that may occur before they happen, not after. Individuals should also think carefully about what they share on social media before they have all the facts, she said, since it can take months for a proper investigation to determine what actually happened.

“America is in a really dangerous place right now because people don’t trust the system… and the country will collapse if there’s not trust in the system,” she said.

Pennsylvania Capital-Star is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Pennsylvania Capital-Star maintains editorial independence. Contact Editor Kim Lyons for questions: info@penncapital-star.com. Follow Pennsylvania Capital-Star on Facebook and X.

Pennsylvania can require voters to put a date on mail ballots, U.S. appeals court rules

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

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A federal appeals court decision upholding Pennsylvania’s rules for voting by mail could mean that tens of thousands of ballots are rejected in this year’s election because they lack a date or are misdated. But the full impact of the ruling is still up in the air while the parties who brought the case decide whether to appeal.

A panel of the 3rd U.S. Circuit Court of Appeals ruled 2-1 Wednesday that a Pennsylvania law requiring mail voters to handwrite a date on the return envelope did not violate a provision of the 1964 Civil Rights Act that’s meant to protect voters from being denied the right to register to vote.

The decision could have broad implications: If plaintiffs appeal to the Supreme Court and justices uphold it, it could become precedent for the entire country, rather than just the jurisdictions in the 3rd Circuit. Such a ruling could limit how the Civil Rights Act applies to requirements for casting a ballot.

And some conservative justices already hinted in an earlier ruling that they’re skeptical of the argument that the date requirement violates the Act. When the court nullified a previous opinion from the 3rd Circuit that ruled such ballots should be counted, three of the court’s conservatives wrote that the lower court’s opinion was “likely wrong.”

The plaintiffs will now need to make a choice about whether it is worth pushing this case forward, or containing the decision to the 3rd Circuit, said Derek Muller, an election law professor at Notre Dame Law School, said.

“I think there’s a lot of challenges raising it with the Supreme Court if you are the plaintiffs,” he said. “You’ve already got three justices who sketched out a preliminary position against your position, so I just think it’s an uphill battle to go to the court and make that claim now.”

Andy Hoover, a spokesperson for the ACLU of Pennsylvania, which represented the plaintiffs, said, “We are analyzing the ruling and have not made a decision about next steps.”

The Department of State, which was a defendant in the case but took the view that the ballots should not be rejected, said in a statement that it was “reviewing potential next steps” and highlighted recent changes it made to the return envelopes that it hopes will reduce the number of ballots rejected this year.

Even if it is appealed to the U.S. Supreme Court — given where we are in the court’s current term — Muller thinks any decision would be unlikely to come before 2025.

“My guess is this rule will be in place for 2024.”

There may be other action in the courts in the meantime.

Adam Bonin, a Philadelphia-based attorney who regularly works with Democratic candidates, is currently representing a township supervisor candidate in a case tangentially related to the 3rd Circuit appeal.

“I think the majority got it wrong here,” said Bonin, who was also involved in a 2021 case from Lehigh County on the same issue. “This was a remedial statute intended to remove all sorts of barriers to the right to vote. I thought that Congress was very clear that this goes to all the steps” that involve ensuring a vote is counted.

The three-judge panel’s ruling can still be appealed to the full 3rd Circuit by April 10.

For their part, Republicans are embracing the decision as a victory.

“The Court ruling is a gigantic win for Pennsylvania, the nation, and election integrity,” said Chairman Lawrence Tabas of the Pennsylvania GOP, which was one of the intervening defendants in the case.

Wednesday’s ruling, from a three judge panel of the 3rd U.S. Circuit Court of Appeals, centered on whether the date requirement under Pennsylvania election law violated a part of the 1964 Civil Rights Act known as the “materiality provision.”

That provision says a person cannot be denied the right to vote because of “an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote.”

The majority on the panel ruled that the provision only applies when the state is determining who may vote.

“In other words, its role stops at the door of the voting place,” Judge Thomas Ambro, an appointee of former Democratic President Bill Clinton, wrote for the majority. “The Provision does not apply to rules, like the date requirement, that govern how a qualified voter must cast his ballot for it to be counted.”

Mike Lee, executive director of the ACLU of Pennsylvania, said in a statement that if the decision stands, thousands of Pennsylvanians could lose their vote over a “meaningless paperwork error.”

“The ballots in question in this case come from voters who are eligible and who met the submission deadline,” Lee said. “In passing the Civil Rights Act, Congress put a guardrail in place to be sure that states don’t erect unnecessary barriers that disenfranchise voters. It’s unfortunate that the court failed to recognize that principle. Voters lose as a result of this ruling.”

Ruling distinguishes registration barriers from voting rules

Unlike the last time this question was before the 3rd Circuit, the court split on the issue, voting 2-1 against the plaintiffs.

Ambro, along with Judge Cindy Chung — an appointee of Democratic President Joe Biden — took the view that the materiality provision is limited to documents related to a voter registering to vote, which would “restrict who may vote.”

“It does not preempt state requirements on how qualified voters may cast a valid ballot, regardless what (if any) purpose those rules serve,” the opinion read.

Much of the decision came down to whether the provision deals only with documents related to registering to vote, or whether its reference to “other acts requisite to voting” applies to other documents voters may encounter when trying to cast a ballot. Ambro and Chung argued that when the materiality provision is read in context with the sentences around it, along with the discussion among legislators who wrote it, it was clear that it related only to registration documents.

They also argued that rejecting undated or improperly dated ballots did not take away the voter’s ability to vote and that states had the freedom to make rules concerning how votes are to be cast, such as rejecting mail ballots that have identifiable markings on the secrecy envelope.

“A voter who fails to abide by state rules prescribing how to make a vote effective is not “den[ied] the right . . . to vote” when his ballot is not counted,” Ambro wrote. “If state law provides that ballots completed in different colored inks, or secrecy envelopes containing improper markings, or envelopes missing a date, must be discounted, that is a legislative choice that federal courts might review if there is unequal application, but they have no power to review under the Materiality Provision.”

Judge Patty Schwartz — an appointee of former Democratic President Barack Obama — disagreed, noting that the date on the mail ballot return envelope is in relation to a declaration that states “I hereby declare that I am qualified to vote in this election,” which makes it fall under the provision.

She also pointed out that the 1964 Civil Rights Act defines “voting” as “all action necessary to make a vote effective including, but not limited to, registration or other action required by State law prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast.”

When this section is read in conjunction with the materiality provision, she argued, the dating requirement becomes subject to that provision.

How we got here

Wednesday’s decision came as part of an appeal of a November 2023 ruling from U.S. District Judge Susan Baxter in the Western District of Pennsylvania.

Shortly after the 2023 election, she ruled that whether the ballot envelope had a date was “immaterial” to a voter’s eligibility, and that ballots should not be rejected over what is essentially a technicality.

“There are many reasons to date a document,” Baxter wrote at the time, adding, “Dates may also be wholly irrelevant, as in this case. The requirement at issue here is irrelevant in determining when the voter signed their declaration.”Her ruling was just part of a string of disputes over whether to count undated or incorrectly dated mail ballots that have been before the courts since the state’s no-excuse mail voting law, Act 77, passed in 2019.

That law required that voters sign and date the outer return envelope.

A 2021 case out of Lehigh County challenged the provision, citing the 1964 Civil Rights Act’s materiality provision.

In 2022, a separate three-judge panel of the 3rd U.S. Circuit Court of Appeals unanimously agreed in the Lehigh case that the date issue was immaterial, but the U.S. Supreme Court nullified the ruling later that year, after one of the candidates in the race in question conceded.

That left the question up in the air again ahead of the 2022 midterm election, until the Pennsylvania Supreme Court ruled on Nov. 1 that counties should not count the ballots if they were missing a date. The court defined an incorrectly dated ballot as one that fell outside of the time range for acceptable ballots, Sept. 19 through Nov. 8, 2022, the first day mail ballots were sent out through the day of the election.

In practice, this has often led to counties rejecting ballots that they know were cast in the correct time period.

Roughly 8,000 ballots were rejected during the 2022 midterm election for lacking a proper date or signature on the outer return envelope, according to the Pennsylvania Department of State.

A Votebeat and Spotlight PA analysis of data from three counties in 2022 — Philadelphia, Allegheny, and Erie — found voters submitting the flawed ballots were more likely to come from communities with higher than average non-white populations compared with the overall voting population in the county.The department began being able to track rejections specifically for dating issues in 2023, and said in last November’s election the issue accounted for roughly 2,500 rejections.

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Trouble on the horizon for Pennsylvania’s 2024 election

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

As the presidential election approaches, Pennsylvania is facing a deficit of experienced election directors, increasing the risk of errors that could cause difficulties for voters, disenfranchise their votes, and ignite disputes over results.

In total, 58 officials who served during the November 2019 election have left. Compared with experience levels during the 2019 election, the state has lost a combined 293 years of experience among the top county election officials as of this publishing date, according to a Votebeat and Spotlight PA analysis of county data. The state currently has 21% fewer years of experience than it did for the November 2019 election.

Recent ballot printing and administration errors in Greene and Luzerne counties, among others, show that having less-experienced county administrators can result in more problems occurring in an election. One of Greene County’s errors last year was an incorrect instruction telling voters to vote for up to three candidates in a commissioner race that allowed only two selections, which would have invalided their votes if they had done so.

“I think the loss of experienced election directors at the county level is one of the biggest dangers we face,” Secretary of State Al Schmidt said at a recent event in Lebanon County. “That turnover creates an environment where it’s more likely for mistakes to be made.”

The Department of State is hoping training programs and guidance on the highly technical aspects of running an election will help smooth the transition for new directors.

Just in the past four months, the state lost three directors with roughly 45 combined years of experience. One of those directors was Jerry Feaser, Dauphin County’s director of more than a decade who was well-respected by his colleagues in the state. Feaser, 57, said that his December retirement was pre-planned for several years but that the changes to the job since 2019 reinforced his decision not to serve through another presidential election.

The combination of new voting machines in 2019 and the introduction of no-excuse mail-in voting already presented a challenging environment for the 2020 presidential election, but when the COVID-19 pandemic hit, “the wheels started falling off the bus.” Then allies and followers of Donald Trump started questioning the outcome and election administration process itself.

“It was just like, OK, I’ll put my 10 years in and then I’m heading off,’” he said. “It really took it out of me.”

Two more years and he would have qualified for his county pension, but Feaser joked that “those two years, I don’t know if I’ll live through them.”

He wasn’t alone in feeling overwhelmed.

Of the 58 county administrators who oversaw or helped run the November 2019 election and have since left, half departed in 2020. Long-term administrators have continued to leave in the years since, but not at such a level.

Kathy Boockvar, who was the secretary of state for the 2020 election, said the challenges Feaser mentioned — plus the calls for audits, recount petitions, and influx of records requests — created a demanding new work environment for administrators. “It’s not hard to see why there’s been such an exodus,” she said. “It’s been such a challenging few years.”

High turnover risks an increase in mistakes

Some departures, like Feaser’s, were retirements. But regardless of their reason for leaving, data and case studies bear out the intuitive notion that the less experience a county has in its election office, the more errors are likely to occur.

Errors such as instructing voters to vote for the wrong number of candidates, candidates or races being left off the ballot, or improper ballot return instructions have been increasing since 2019.

Four of the five counties with the most ballot and administrative errors since 2019 — as identified through research by Votebeat, Spotlight PA, and the Open Source Election Technology Institute — also were among the counties with the highest turnover.

County and state election officials agreed this past fall that the sharp increase in ballot errors seen in 2023 was due to election official turnover.

And in Luzerne County, where a ballot paper shortage in the 2022 midterm elections prompted outcry from residents and national scrutiny, an investigation by the district attorney determined turnover and the staff’s inexperience were at the heart of the issue.

Luzerne’s most recent director, Eryn Harvey, who returned to the director position in 2023 after that debacle, is departing, leaving the office again with an acting director as it heads into the primary.

“If you’ve never worked in an election, it is difficult to come in that office,” Feaser said.

Feaser’s replacement, deputy Chris Spackman, had the benefit of working closely with Feaser over the past two years, knowing he would be the director when Feaser retired. Other counties are adopting this peer-mentoring strategy as well.

In Snyder County, the former long-time director Patricia Nace has been brought back in a consultant role to help advise Devin Rhoads, the new election director who began in May. Rhoads said she has helped fill in gaps in his knowledge.

When Rhoads first began, there was a lot to learn, and the information coming from the Department of State wasn’t always clear because it contained abbreviations that new directors might not understand.

“Sometimes I wish it would be more like a cookbook,” he said. “So that’s one of the hardest things is we’re just new to this and we don’t know what all these abbreviations and things mean.”

But, since May, things have improved. The Department of State is also tapping into the hands-on experience of election administrators to provide support. It recently hired Dori Sawyer, an election director with roughly two and a half years of experience from Montgomery County, to lead training for new directors.

“I think they finally realized ‘Oh my, we have all these new people and they don’t know what to do,’ " Rhoads said. He recently joined the state’s trainings on its voter roll management system and mail-in ballot applications.

Schmidt said the department established its training unit to help with transferring institutional knowledge, and it hired a former election director because they wanted someone “who’s been in the trenches” that “can speak from experience.”

In addition to the training unit, the department has created a calendar for directors that identifies pre- and post-election duties and deadlines for 2024, released a new version of its ballot review checklist for counties to use as a resource, and bolstered its county liaison program, among other initiatives.

Schmidt said in his experience he has found that directors are invested in running elections right in all counties because they understand that errors will give “bad actors” something to take advantage of. Schmidt, a Republican, was a city commissioner in Philadelphia during the 2020 election, and achieved national prominence for pushing back against Trump’s claims of fraud.

Still, there is room for improvement.

Boockvar, who now runs a consultancy on election security, said the legislature should act to provide more resources for training and provide better standards for universal practices like poll worker training and pre-election equipment testing.

“This is something where there should be help given by the Department of State,” she said. “But for the DOS to do that well, there needs to be statutes to support them and there also needs to be funding to support them. … If the statutes don’t actually dictate what is a best practice, who has the responsibility?”

The state’s Election Code limits the authority of the secretary of the commonwealth to dictate policy statewide. Some observers have complained that it leaves county directors unsure of how to approach many issues, and the effect is non-uniform voting policies from county to county.

Major election law reform is unlikely to occur in a presidential election year, so for now new directors will have to make due with the rules and resources in place.

Feaser, the recently retired Dauphin County director, recommends new directors study ballots from past cycles, learn about the positions on the ballot, work closely with their solicitors, reach out to neighboring counties’ directors, and take advantage of the County Commissioner Association of Pennsylvania’s listserv for election officials, where directors share resources and ask questions.

“You need to be able to understand and explain the process,” Feaser said. “Because if you can’t explain it, it undermines faith in the process.”

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Votebeat is a nonprofit news organization committed to reporting the nuanced truth about elections and voting at a time of crisis in America.

This Pa. activist is the source of false and flawed election claims gaining traction

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for our free newsletters here.

On Jan. 6, 2021, as former President Donald Trump rallied his supporters, he used a statistic that, though false, was making the rounds: “In Pennsylvania, you had 205,000 more votes than you had voters,” he screamed, throwing his arms wide open in front of thousands of angry followers. “This is a mathematical impossibility unless you want to say it’s a total fraud.”

The number appears to be the work of Heather Honey, a Pennsylvania-based “election integrity” investigator whose research has achieved a remarkable level of national salience among the far right, despite being replete with errors. The 205,000 figure, for example, is “false” according to the Department of Justice, and was based on incomplete data the state says can’t be used for this type of analysis. Honey herself has revised the discrepancy downward. While Honey’s current estimate is almost half of what it once was, it’s still inaccurate and the original number is also still routinely cited as fact.

“There were 202,377 MORE ‘votes’ cast, than actual REAL VOTERS THAT VOTED,” reads a November 2023 post on X from a popular rightwing account. It was reposted more than 13,000 times.

Honey has been among the most effective advocates for right-wing election talking points. Time after time, her research has fed into viral allegations about election integrity, fueling conservative pressure campaigns, forcing fact-checkers and public officials to attempt to piece together a more accurate picture, and undermining confidence in long-trusted election practices. Often, her conclusions are misleading or based on incomplete information.

In the past year, working with a network of election integrity groups organized by conservative lawyer Cleta Mitchell, Honey has had perhaps the most success with her latest research: A 29-page report on the Electronic Registration Information Center, or ERIC, sent to Republican secretaries of state and legislators. Her information appears to have influenced the decision of several member states to withdraw from ERIC, an interstate program that election officials widely regard as the nation’s best tool to keep voter rolls up-to-date and free of bloat.

An analysis by Votebeat and Spotlight PA found the report’s conclusions are false, often based on out-of-context examples, and that her sweeping generalizations are frequently not backed by the data she presents. Presented with Votebeat’s and Spotlight PA’s findings — the product of redoing her many calculations and fact-checking the analysis she has offered to public officials — Honey defended her work.

Despite how widespread her research has become, Honey described herself in emails to Votebeat and Spotlight PA as “an ordinary citizen working hard to do what I can to restore confidence in elections.”

When asked for a final comment, she accused Votebeat of “slander” and personal attacks. “Who is pressuring you to write this hit piece? What is your goal?”

The way that Honey relies on real-but-incomplete data is a hallmark of those who spread misinformation, experts say.

“The fundamental misconception people have about misinformation is that misinformation is about the facts in front of you,” said Mike Caulfield, a research scientist at the University of Washington’s Center for an Informed Public who studies mis- and disinformation. Instead, Caulfield said, popular misinformation often relies on leaving out crucial details.

Calling it “misrepresented evidence,” Caulfield likened Honey’s report to a prosecutor accurately telling a jury that they discovered a murder weapon in a suspect’s possession but failing to mention that the fingerprints on it belonged to someone else.

“You can’t look at that and say, ‘The knife is real, we found the knife,’ but not look at it and mention you found fingerprints that would undermine the importance of the evidence,” he said.

Activated by 2020

As Honey tells her own origin story, she was standing in line at her polling place in Lebanon County, Pennsylvania, on Nov. 3, 2020, behind an older couple when her journey to election integrity investigator began.

“It really kind of struck me that, you know, this woman who just waited in line for an hour was told ‘oh, you have to cast a provisional ballot,’” Honey said on Mitchell’s “Who’s Counting” podcast in May 2022. She told Mitchell she wondered if the provisional would be rejected. “So it just got me a little bit worked up and I went home and I started doing, I mean, what I do.”

Honey has operated Haystack Investigations — a private investigations and supply-chain auditing consultancy — since 2017, her LinkedIn profile shows. Her website offers services ranging from supply chain audits to social media investigations.

Using what she’s described as “open-source investigation” skills, Honey began researching Pennsylvania’s election laws and requesting data from the Pennsylvania Department of State in November 2020. Soon after, she decided to reach out to her state representative, Frank Ryan, a Republican, with her findings.

“I said ‘look, here are the things that I found,’” she told Mitchell. One of those things was “that there were more ballots reported than what we found in the voter files.”

Honey told Mitchell that Ryan gathered other representatives together to show them her work — that is, a calculation purporting to show a discrepancy between the number of ballots cast in the 2020 election and the number of people the Pennsylvania roll recorded as having voted.

Ryan did not respond to an interview request, though Mitchell’s version closely mirrors his public telling of events, and emails — on which Honey is included — show Ryan passed this information onto U.S. Rep. Scott Perry, a Republican who was in close contact with Trump at the time. According to the final report of the January 6 committee, Trump would repeat the claim that Pennsylvania had more votes than voters numerous times, which was part of the Department of Justice indictment against him alleging election interference.

Honey told Votebeat and Spotlight PA that Ryan was receiving information from multiple sources at the time, but she did not directly dispute that Trump’s figures originated with her work.

Honey’s latest calculation of the discrepancy, revised after straggling counties uploaded fresher records, sits at around 121,000. Trump cited that number, and Honey’s work directly, in a document he released in January claiming fraud in swing states in 2020.

Still, election administrators in Pennsylvania say this number is based on a flawed analysis.

Voter roll data is constantly updated to account for moves, deaths, and other issues of eligibility, which stops in the weeks just before an election and resumes again immediately after, the Department of State and county election directors explained. The roll also does not contain information about some voters whose identity must legally be kept confidential, such as victims of abuse. In other words, the state’s voter roll at any one point in time doesn’t reflect a complete record of who voted in the last election. But Honey’s analysis treats the roll as if it does.

For example, if a voter in Philadelphia moved to New Jersey the day after the 2020 election, the Philadelphia Board of Elections would cancel their registration. And even though they legitimately cast a ballot in Philadelphia on Election Day, their voter history would not appear in the voter roll system after that because they have been removed from the rolls.

Given these limitations, the Department of State told Votebeat and Spotlight PA, Honey’s method of analysis is “not an accurate way to reconcile votes cast to the number of voters who participated in any individual election” and that the system “was not intended” for this purpose. The state pushed back on the figure at the time, but that didn’t stop it from spreading.

As Honey’s research gained traction, other election-integrity advocates began to take notice and solicit her for work. She was paid as a subcontractor in Arizona for Cyber Ninjas, the company hired by that state’s Senate to investigate the 2020 election in Maricopa County. That investigation ultimately did not prove any fraud. Documents from it — obtained by American Oversight and the Arizona Republic — show she was a “manager” and billed tens of thousands of dollars for her work, though it is unclear how much she was eventually paid.

Cyber Ninjas subsequently went out of business, but Honey’s work continued.

Days before the 2022 midterm elections, Honey released a report — through her election integrity research organization, Verity Vote — claiming nearly a quarter of a million ballots in Pennsylvania had been sent to “unverified” voters. Rep. Ryan again picked up the information in a letter to the Department of State. It was then echoed by Trump, and conservative website the Gateway Pundit pointed to it as evidence that the election was fraudulent and should be decertified.

The report “flagrantly misrepresents” how the system works, the Department of State — which rebutted it after it gained traction online — said at the time. Voters were labeled as “NV” or “not verified” in the state’s voter management system, but as the Associated Press reported, the label is for internal workflow purposes and typically means the identification provided by the voter is still being verified by county workers so their ballots can be counted.

A more refined ERIC criticism

In 2022, as ERIC became the subject of right-wing fury, Honey began her own research.

ERIC was created in 2012 by seven original member states with assistance from the Pew Charitable Trusts. It continues to be governed by member states and uses state voter rolls, death records, motor vehicle records, and other information to cross-check state voter rolls for accuracy. It also identifies voters who may be eligible to vote but unregistered — referred to as EBUs — and requires states to reach out to those potential voters about registering.

ERIC does not add or remove any voters itself. It only provides lists of voters to states, and states and counties then verify the accuracy of ERIC information before they remove voters from the rolls. Voters who register in response to the outreach must meet all voter registration requirements.

By June 2022, ERIC had grown to include 33 states and the District of Columbia. Prior to conservative attacks — including those fueled by Honey’s research — it drew bipartisan praise from officials for its ability to help clean voter rolls, including from some of those same officials who would take up Honey’s talking points.

In January 2022, an article from the right-wing outlet the Gateway Pundit accused ERIC of being “a left-wing voter registration drive disguised as voter roll clean up.” Louisiana soon after announced it was suspending its membership. Officials told Votebeat at the time the decision was unrelated to the coverage but that “numerous” experts on “election stuff” had advised the state to leave ERIC, office spokesman John Tobler said.

Louisiana would be the only state to part with the program for several months after the Gateway Pundit’s story was published. In the interim, Honey released her report, offering apparent backing to the charges laid out by the site.

While it reached many of the same conclusions as the Gateway Pundit, Honey’s report offered a more professionalized critique of ERIC with historical research, original first-hand documentation, and data analysis. It appears to have contributed to Virginia, Texas, Missouri, and Louisiana withdrawing from the compact, as well as North Carolina’s decision to halt its process of joining.

Flaws and omissions in Honey’s ERIC report

In June 2022, Mitchell — a conservative attorney who represented Trump in Georgia in 2020 — hosted a conference in Washington, D.C. There, Honey gave a presentation on ERIC to several secretaries of state or their representatives, according to information obtained by Documented, a D.C.-based investigative news outlet, and provided to Votebeat and Spotlight PA.

Mitchell did not respond to an emailed request for comment.

At the same time, Honey released her ERIC report on her website.

The report repeatedly asserts misleading claims. For example, she writes “after 10 years of ERIC, there is no evidence that it has led to an improvement in accuracy or clean voter rolls.” She attempts to prove that by comparing the number of voter roll removals in ERIC states vs. non-ERIC states. That comparison, however, relies entirely on a single metric — the number of removals in one category released in one year.

She claims that her research — using data released bi-annually by the U.S. Election Assistance Commission (EAC) — shows that ERIC states removed proportionally fewer voters who had moved out of their voting districts than non-ERIC states had in the same time period.

Charles Stewart, a professor of political science at MIT who studies elections and works with EAC data, says the data shouldn’t be used in this way. It is often unreliable because it contains gaps and basic mathematical errors, and sometimes doesn’t match what states independently report. Stewart is a member of ERIC’s Research Advisory Board, which advises the organization on how it can measure its performance. He also disagreed with the premise of Honey’s analysis, since ERIC is not responsible for removing any voter from the voter rolls and ERIC member states are “at the mercy” of local jurisdictions like counties that actually act on the data ERIC provides.

But the data can provide a rough measure of ERIC’s performance. Using data available to Honey at the time of her report, Votebeat and Spotlight PA repeated her analysis and found that the conclusion of her report is misleading. She appears to have chosen the singular datapoint that supported her claim, out of a series of voter-removal metrics in the same data set. And, despite the availability of multiple years of such data, Honey used only one — 2020, an outlier year. Taken together, Honey left out 11 of 12 relevant data points in her report.

Votebeat’s and Spotlight PA’s analysis, which used all 12 data points available at the time her report was published, suggests exactly the opposite: ERIC states remove a higher percentage of voters from the rolls than non-ERIC states. Data from a more recent year — 2022 — also supports that conclusion.

(Read more about Votebeat’s analysis below the story.)

Asked to explain her selective use of data, Honey did not respond to some questions and offered answers to others that contradict the logic of her analysis. For example, asked to explain why she only used a single metric from one year, Honey said in an email that it would be inappropriate to analyze one of the other categories — removal of voters who died — in state-to-state comparisons, since some states, like Pennsylvania, do not use ERIC’s death data. But Honey’s analysis has the same flaw, as not all ERIC member states use ERIC’s moved-voter data uniformly, either.

Honey did not address why she only analyzed the EAC’s data from one year, when four were available at the time she published her report.

Elsewhere in the report, Honey claims that the outreach to eligible but unregistered residents, or EBUs, that ERIC requires member states to conduct “results in significant swelling of voter rolls,” and that “EBU additions consistently exceed suggested removals by ten times.”

But available data doesn’t support Honey’s conclusions.

“The report is obsessed with EBUs,” Stewart said. “I just take, overall, the report as part of building the case that ERIC is this left wing organization that is trying to get Democrats onto the voter rolls.”

To conclude additions exceed removals by “ten times,” Honey shows a graph of data from ERIC’s website. The wording of the title of the graph calls these “additions and removals instigated by ERIC participation,” as though all of the numbers displayed are actual voters removed from or added to rolls. But ERIC only supplies information about voters who may need to be removed or are eligible to register to vote — state and county election offices determine which are valid and make any changes themselves. In the case of eligible but unregistered voters, the state simply sends a mailer to the identified person informing them of their eligibility, and the voter must take action from there. Honey acknowledges elsewhere in the report that removal and eligible-voter data ERIC provides to states are merely “suggest[ions].”

Her graph also leaves out two other categories of ERIC’s list maintenance recommendations to states. In reality, they’ve recommended roughly 41 million records be updated and identified roughly 57 million voters who may be eligible.

Votebeat performed a more accurate analysis of ERIC’s effect on voter roll additions, using data showing net changes to voter rolls, rather than the number of people who were sent mail.

The EAC’s data — which Honey uses elsewhere in her report, though not for this analysis — shows that there is typically less than 1 percentage point of difference between ERIC and non-ERIC states when it comes to registering new voters.

This figure aligns with academic research on the topic. A study of Pennsylvania’s ERIC mailings, published in 2020, found they resulted in only a 1 percentage point increase in registration.

Elsewhere, Honey’s report relies on real data to make inaccurate conclusions or omits relevant and readily-available context.

For instance, she accurately states that Pennsylvania’s and Michigan’s secretaries of state received voter outreach grants from nonprofits dispersing money from Facebook founder Mark Zuckerberg and his wife, Priscilla Chan. Honey then incorrectly claims the grants were given to those states “in order to gain access to data needed to inflate the Democrat voter rolls and drive Democrat turnout.” Honey did not respond to a request to provide evidence of that claim.

The portion of Pennsylvania voters registered as Democrats went down in 2020, as it has every year for more than a decade. Michigan voters do not register by party, so there are no “Democrat voter rolls” there. And a recent study from data scientists at the University of California Los Angeles found that the areas that received grants funded by Zuckerberg saw less than a 0.13 percentage point increase in voter turnout — ultimately significantly fewer votes than would be needed to swing the election even if they all had voted for Democratic candidate Joe Biden.

Honey also leaves out important context. For example, she quotes a 2021 Wisconsin Legislative Audit Bureau report which found many duplicate and erroneous voter registrations in the file ERIC sent to that state for voters who should potentially be removed.

Honey quotes this accurately but leaves out other parts of the report that reflect positively on ERIC, such as the state elections office saying ERIC does a better job “identifying individuals whose voter registration records may need to be inactivated or who may have more than one active voter registration record” than it does. Among its conclusions, the report says the state’s voter rolls would be more accurate if it used ERIC’s data more often.

Honey said the issues addressed by the Wisconsin agency were “very different things” than what she investigated in her report, but did not elaborate on why she didn’t include the positive aspects.

Honey’s claims gain traction

Despite the flaws in Honey’s report, it quickly gained traction, making its way across conservative media and into the hands of influential politicians and officials.

“Thank you for reading through this information!” a local Virginia GOP committeewoman wrote about Honey’s report in a March 2023 email to a state representative, expressing “hope” it would be shared with the Virginia state elections board. It ultimately was.

Records obtained by Documented also show that Honey’s influence grew through the help of Mitchell. In June 2022, Mitchell organized the event for secretaries of state in Washington, D.C. Officials from Texas, Wyoming, Louisiana, and West Virginia were scheduled to attend, according to records obtained by Documented, which also show that Mitchell’s group paid for a Texas secretary of state official’s travel to the event. Records obtained by Votebeat and Spotlight PA show Missouri Secretary of State Jay Ashcroft was out of office that day for an unspecified “meeting in DC.” Louisiana announced its official withdrawal from ERIC a month later.

As officials and activists took notice of the report, Honey’s work began to be cited by influential outlets and figures in conservative media, including The Federalist.

“Per government watchdog Verity Vote, ERIC doesn’t actually clean states’ voter rolls, but rather inflates them,” the publication wrote in March 2023, using the name of the entity through which Honey puts out her election-related research.

Her work also made appearances in a series of articles critiquing ERIC by Hayden Ludwig, director of policy research at Restoration of America — a conservative Christian non-profit focused on the challenges presented by “the elite,” “Marxist neo-liberals” and “Communist China.”

And Judicial Watch, an influential conservative legal watchdog group, cited it in a white paper in March 2023. “States that do not participate in ERIC had a higher rate of identifying and removing from voter registration rolls individuals who relocated out of a jurisdiction than ERIC member states,” Judicial Watch wrote.

Policymakers took notice of the report as well.

In 2018, Ashcroft, a Republican, said the state’s membership in ERIC “will help affirm voters are eligible and registered in the right location, identify potential duplicate registrations and identify unregistered voters so we can help them get registered.”

But last February, Honey gave Ashcroft a private presentation on her report, emails obtained by Documented and Votebeat/Spotlight PA show.

A month later, Ashcroft announced Missouri’s withdrawal, saying in part that it was because ERIC was “adding names to voter rolls” — language similar to the claims in Honey’s report. Missouri’s number of registered voters increased by less than two percent in the time it was part of ERIC. The state’s Republican state auditor recently criticized Ashcroft for the decision in a report, which cited the benefit of ERIC’s data in maintaining accurate voter rolls. Ashcroft did not respond to multiple requests for comment.

Honey’s report was not the sole reason any state withdrew from ERIC. No state election official — even those who met with her or received her report and appear to have adopted some of her language — explicitly cited her research. But her report and advocacy appears to have influenced several states.

In January of last year, Devvie Duke, a member of the Texas GOP and an ERIC task force, said in a Zoom meeting that she had lined up ERIC training with Heather Honey “so we can be informed and productive when we’re writing.” She paused. “Or, going to see our legislators in support of legislation getting rid of ERIC.”

State Sen. Bryan Hughes, who wrote the bill that pulled Texas out of ERIC, participated in that meeting, where he was introduced as “a regular” at the task force’s sessions.

Duke, who did not respond to a request for comment, is currently running for a seat in the Texas state House. Her campaign material claims that it was “through Devvie’s work that Texas terminated its membership” in ERIC, which she called a “liberal voter registration scheme.”

In Virginia, Susan Beals — a former Republican state Senate aide and now the commissioner for the state Department of Elections — also received the report last March from a member of the state House, according to an email obtained by Votebeat and Spotlight PA. A letter obtained by Virginia Public Media shows that when Beals withdrew from ERIC, some of her reasoning was worded similarly to the contents of the email. Beals did not respond to a request for an interview.

Internal communications from an election integrity network in North Carolina — obtained by Documented and shared with Votebeat and Spotlight PA — show that Honey met with a group of legislators about a bill to prevent the state from joining ERIC, and also met with at least some of members of the state Senate who would later vote for the measure.

And language mirroring Honey’s research has also appeared in the capitol building of her home state, Pennsylvania, where state Sen. Cris Dush (R-Jefferson) said last March that non-ERIC states were doing a better job cleaning voter rolls than ERIC states, though he did not cite any evidence.

Dush did not respond to a request for comment.

Friends in high places, and a new frontier

Honey has certainly been successful in getting her information in front of influential officials in a way her peers have not, forming connections with secretaries of state, their staffs, state lawmakers, U.S. Senate candidates and congressmen. Her influence, therefore, is likely to continue.

For example, she recently gave a talk in Pennsylvania to the Lycoming County Republican Committee, attended by U.S. Rep. Dan Mueser, who called it an “important presentation” on “securing and protecting the voting system.” She also appears to have provided draft language for a bill in June 2021 to state Reps. Seth Grove and Russ Diamond, according to records obtained by American Oversight, a left-leaning watchdog group.

Honey also leads a local organization, PA Fair Elections, which hosts weekly Zoom discussions on election issues and organizes activists. Recent meetings have focused on how to advocate post-election hand counts to county commissioners, though some attract public officials, including at least two state representatives, a Commonwealth Court judge, and county commissioners.

Ahead of the 2024 election, her work is expanding beyond ERIC to include research and advocacy about ballots sent to and from voters living overseas, including military voters.

In addition to authoring a report on the subject, which she published in September 2022, she filed a complaint with the Pennsylvania Department of State, with the support of an attorney from the Thomas More Society. It alleged the department was violating federal law by not requiring identification for some overseas voters.

An attorney for Gov. Josh Shapiro’s office, who handled the complaint, dismissed it in November, offering that the complaint was more of an objection to federal law rather than an accusation that existing law was being violated. Honey is now appealing that decision to Commonwealth Court.

She’s also exporting this advocacy to states outside the commonwealth. In August, she gave a presentation on overseas voters to the Virginia coalition affiliated with Mitchell’s election integrity network, according to records reviewed by Documented.

A now-deleted post from the North Carolina–based Asheville Tea Party, whom Honey worked with to contact legislators in that state, shows that she also gave a presentation in April on military and overseas voters at the request of Mitchell.

Meeting notes posted to the Asheville Tea Party’s website indicate Honey explained that her concern was that while people assume the ballots are from military voters, most of them come from overseas citizens, many of whom were likely unverified.

“These newer election officials just rubber-stamp them and don’t do anything to verify,” she said, according to meeting notes. “It’s the non-military that we need to really worry about.”

Honey’s work focused on influencing local election policy also continues.

At the first PA Fair Elections meeting of the year, Honey kicked off the meeting by talking about what changes members needed to push for in their counties, including pressuring election offices to conduct their required post-election audit — a recount of 2% of all ballots — by hand count. It is currently done with a mix of hand counting and machine tabulation.

“There are 104 days till the primary, so these things we are talking about, we are very much hoping to have them in place for the primary so we can work out any kinks,” she told the group of roughly four dozen. “If we can roll them out in the primary, we can hopefully make improvements to them by the general.”

Clarification, Feb. 12, 2024: The story has been updated to clarify Pew Chartable Trusts’ role in the launch of ERIC.

Graphics and data analysis for this story were done using data from the U.S. Election Assistance Commission’s Election Administration and Voting Survey. Specifically, state-level data on the number of reported registrations, voting age population, overall removals, removals due to voter death, removals due to voter moving out of jurisdiction, and new valid registrations were extracted from the 2014, 2016, 2018, 2020, and 2022 datasets. EAVS data should be used and viewed with caution, as it is a voluntary survey and often incomplete or inaccurate.

Data on overall removals, removals due to voter death, removals due to voter moving out of jurisdiction, and new valid registrations was then grouped by each state’s ERIC membership status for a given report period. Those figures were then divided by the aggregate reported registrations for the group of states. Reported registrations are the actual number of registered voters a given jurisdiction reports in response to the survey. The voting age population is an estimate of the number of persons eligible to vote, based on census data.

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Jason Armesto — a reporter for The Daily Progress, a newspaper in Virginia — contributed to this report.

Busted: PA activist the source of false election claims gaining traction across the U.S.

On Jan. 6, 2021, as former President Donald Trump rallied his supporters, he used a statistic that, though false, was making the rounds: “In Pennsylvania, you had 205,000 more votes than you had voters,” he screamed, throwing his arms wide open in front of thousands of angry followers. “This is a mathematical impossibility unless you want to say it’s a total fraud.”

The number appears to be the work of Heather Honey, a Pennsylvania-based “election integrity” investigator whose research has achieved a remarkable level of national salience among the far right, despite being replete with errors. The 205,000 figure, for example, is “false” according to the Department of Justice, and was based on incomplete data the state says can’t be used for this type of analysis. Honey herself has revised the discrepancy downward. While Honey’s current estimate is almost half of what it once was, it’s still inaccurate and the original number is also still routinely cited as fact.

“There were 202,377 MORE ‘votes’ cast, than actual REAL VOTERS THAT VOTED,” reads a November 2023 post on X from a popular rightwing account. It was reposted more than 13,000 times.

READ: How Donald Trump is spreading a dangerous mental illness to his supporters

Honey has been among the most effective advocates for right-wing election talking points. Time after time, her research has fed into viral allegations about election integrity, fueling conservative pressure campaigns, forcing fact-checkers and public officials to attempt to piece together a more accurate picture and undermining confidence in long-trusted election practices. Often, her conclusions are misleading or based on incomplete information.

In the past year, working with a network of election integrity groups organized by conservative lawyer Cleta Mitchell, Honey has had perhaps the most success with her latest research: A 29-page report on the Electronic Registration Information Center, or ERIC, sent to Republican secretaries of state and legislators. Her information appears to have influenced the decision of several member states to withdraw from ERIC, an interstate program that election officials widely regard as the nation’s best tool to keep voter rolls up-to-date and free of bloat.

An analysis by Votebeat and Spotlight PA found the report’s conclusions are false, often based on out-of-context examples, and that her sweeping generalizations are frequently not backed by the data she presents. Presented with Votebeat’s and Spotlight PA’s findings — the product of redoing her many calculations and fact-checking the analysis she has offered to public officials — Honey defended her work.

Despite how widespread her research has become, Honey described herself in emails to Votebeat and Spotlight PA as “an ordinary citizen working hard to do what I can to restore confidence in elections.”

When asked for a final comment, she accused Votebeat of “slander” and personal attacks. “Who is pressuring you to write this hit piece? What is your goal?”

The way that Honey relies on real-but-incomplete data is a hallmark of those who spread misinformation, experts say.

“The fundamental misconception people have about misinformation is that misinformation is about the facts in front of you,” said Mike Caulfield, a research scientist at the University of Washington’s Center for an Informed Public who studies mis- and disinformation. Instead, Caulfield said, popular misinformation often relies on leaving out crucial details.

Calling it “misrepresented evidence,” Caulfield likened Honey’s report to a prosecutor accurately telling a jury that they discovered a murder weapon in a suspect’s possession but failing to mention that the fingerprints on it belonged to someone else.

“You can’t look at that and say, ‘The knife is real, we found the knife,’ but not look at it and mention you found fingerprints that would undermine the importance of the evidence,” he said.

Activated by 2020

As Honey tells her own origin story, she was standing in line at her polling place in Lebanon County, Pennsylvania, on Nov. 3, 2020, behind an older couple when her journey to election integrity investigator began.

“It really kind of struck me that, you know, this woman who just waited in line for an hour was told ‘oh, you have to cast a provisional ballot,’” Honey said on Mitchell’s “Who’s Counting” podcast in May 2022. She told Mitchell she wondered if the provisional would be rejected. “So it just got me a little bit worked up and I went home and I started doing, I mean, what I do.”

Honey has operated Haystack Investigations — a private investigations and supply-chain auditing consultancy — since 2017, her LinkedIn profile shows. Her website offers services ranging from supply chain audits to social media investigations.

Using what she’s described as “open-source investigation” skills, Honey began researching Pennsylvania’s election laws and requesting data from the Pennsylvania Department of State in November 2020. Soon after, she decided to reach out to her state representative, Frank Ryan, a Republican, with her findings.

“I said ‘look, here are the things that I found,’” she told Mitchell. One of those things was “that there were more ballots reported than what we found in the voter files.”

Honey told Mitchell that Ryan gathered other representatives together to show them her work — that is, a calculation purporting to show a discrepancy between the number of ballots cast in the 2020 election and the number of people the Pennsylvania roll recorded as having voted.

Ryan did not respond to an interview request, though Mitchell’s version closely mirrors his public telling of events, and emails — on which Honey is included — show Ryan passed this information onto U.S. Rep. Scott Perry, a Republican who was in close contact with Trump at the time. According to the final report of the January 6 committee, Trump would repeat the claim that Pennsylvania had more votes than voters numerous times, which was part of the Department of Justice indictment against him alleging election interference.

Honey told Votebeat and Spotlight PA that Ryan was receiving information from multiple sources at the time, but she did not directly dispute that Trump’s figures originated with her work.

Honey’s latest calculation of the discrepancy, revised after straggling counties uploaded fresher records, sits at around 121,000. Trump cited that number, and Honey’s work directly, in a document he released in January claiming fraud in swing states in 2020.

Still, election administrators in Pennsylvania say this number is based on a flawed analysis.

Voter roll data is constantly updated to account for moves, deaths, and other issues of eligibility, which stops in the weeks just before an election and resumes again immediately after, the Department of State and county election directors explained. The roll also does not contain information about some voters whose identity must legally be kept confidential, such as victims of abuse. In other words, the state’s voter roll at any one point in time doesn’t reflect a complete record of who voted in the last election. But Honey’s analysis treats the roll as if it does.

For example, if a voter in Philadelphia moved to New Jersey the day after the 2020 election, the Philadelphia Board of Elections would cancel their registration. And even though they legitimately cast a ballot in Philadelphia on Election Day, their voter history would not appear in the voter roll system after that because they have been removed from the rolls.

Given these limitations, the Department of State told Votebeat and Spotlight PA, Honey’s method of analysis is “not an accurate way to reconcile votes cast to the number of voters who participated in any individual election” and that the system “was not intended” for this purpose. The state pushed back on the figure at the time, but that didn’t stop it from spreading.

As Honey’s research gained traction, other election-integrity advocates began to take notice and solicit her for work. She was paid as a subcontractor in Arizona for Cyber Ninjas, the company hired by that state’s Senate to investigate the 2020 election in Maricopa County. That investigation ultimately did not prove any fraud. Documents from it — obtained by American Oversight and the Arizona Republic — show she was a “manager” and billed tens of thousands of dollars for her work, though it is unclear how much she was eventually paid.

Cyber Ninjas subsequently went out of business, but Honey’s work continued.

Days before the 2022 midterm elections, Honey released a report — through her election integrity research organization, Verity Vote — claiming nearly a quarter of a million ballots in Pennsylvania had been sent to “unverified” voters. Rep. Ryan again picked up the information in a letter to the Department of State. It was then echoed by Trump, and conservative website the Gateway Pundit pointed to it as evidence that the election was fraudulent and should be decertified.

The report “flagrantly misrepresents” how the system works, the Department of State — which rebutted it after it gained traction online — said at the time. Voters were labeled as “NV” or “not verified” in the state’s voter management system, but as the Associated Press reported, the label is for internal workflow purposes and typically means the identification provided by the voter is still being verified by county workers so their ballots can be counted.

A more refined ERIC criticism

In 2022, as ERIC became the subject of right-wing fury, Honey began her own research.

The program was formed in 2012 as a project at the Pew Research Center before becoming an independent nonprofit. It continues to be governed by member states, and uses state voter rolls, death records, motor vehicle records, and other information to cross-check state voter rolls for accuracy. It also identifies voters who may be eligible to vote but unregistered — referred to as EBUs — and requires states to reach out to those potential voters about registering.

ERIC does not add or remove any voters itself. It only provides lists of voters to states, and states and counties then verify the accuracy of ERIC information before they remove voters from the rolls. Voters who register in response to the outreach must meet all voter registration requirements.

By June 2022, ERIC had grown to include 33 states and the District of Columbia. Prior to conservative attacks — including those fueled by Honey’s research — it drew bipartisan praise from officials for its ability to help clean voter rolls, including from some of those same officials who would take up Honey’s talking points.

In January 2022, an article from the right-wing outlet the Gateway Pundit accused ERIC of being “a left-wing voter registration drive disguised as voter roll clean up.” Louisiana soon after announced it was suspending its membership. Officials told Votebeat at the time the decision was unrelated to the coverage but that “numerous” experts on “election stuff” had advised the state to leave ERIC, office spokesman John Tobler said.

Louisiana would be the only state to part with the program for several months after the Gateway Pundit’s story was published. In the interim, Honey released her report, offering apparent backing to the charges laid out by the site.

While it reached many of the same conclusions as the Gateway Pundit, Honey’s report offered a more professionalized critique of ERIC with historical research, original first-hand documentation, and data analysis. It appears to have contributed to Virginia, Texas, Missouri, and Louisiana withdrawing from the compact, as well as North Carolina’s decision to halt its process of joining.

Flaws and omissions in Honey’s ERIC report

In June 2022, Mitchell — a conservative attorney who represented Trump in Georgia in 2020 — hosted a conference in Washington, D.C. There, Honey gave a presentation on ERIC to several secretaries of state or their representatives, according to information obtained by Documented, a D.C.-based investigative news outlet, and provided to Votebeat and Spotlight PA.

Mitchell did not respond to an emailed request for comment.

At the same time, Honey released her ERIC report on her website.

The report repeatedly asserts misleading claims. For example, she writes “after 10 years of ERIC, there is no evidence that it has led to an improvement in accuracy or clean voter rolls.” She attempts to prove that by comparing the number of voter roll removals in ERIC states vs. non-ERIC states. That comparison, however, relies entirely on a single metric — the number of removals in one category released in one year.

She claims that her research — using data released bi-annually by the U.S. Election Assistance Commission (EAC) — shows that ERIC states removed proportionally fewer voters who had moved out of their voting districts than non-ERIC states had in the same time period.

Charles Stewart, a professor of political science at MIT who studies elections and works with EAC data, says the data shouldn’t be used in this way. It is often unreliable because it contains gaps and basic mathematical errors, and sometimes doesn’t match what states independently report. Stewart is a member of ERIC’s Research Advisory Board, which advises the organization on how it can measure its performance. He also disagreed with the premise of Honey’s analysis, since ERIC is not responsible for removing any voter from the voter rolls and ERIC member states are “at the mercy” of local jurisdictions like counties that actually act on the data ERIC provides.

But the data can provide a rough measure of ERIC’s performance. Using data available to Honey at the time of her report, Votebeat and Spotlight PA repeated her analysis and found that the conclusion of her report is misleading. She appears to have chosen the singular datapoint that supported her claim, out of a series of voter-removal metrics in the same data set. And, despite the availability of multiple years of such data, Honey used only one — 2020, an outlier year. Taken together, Honey left out 11 of 12 relevant data points in her report.

Votebeat’s and Spotlight PA’s analysis, which used all 12 data points available at the time her report was published, suggests exactly the opposite: ERIC states remove a higher percentage of voters from the rolls than non-ERIC states. Data from a more recent year — 2022 — also supports that conclusion.

Asked to explain her selective use of data, Honey did not respond to some questions and offered answers to others that contradict the logic of her analysis. For example, asked to explain why she only used a single metric from one year, Honey said in an email that it would be inappropriate to analyze one of the other categories — removal of voters who died — in state-to-state comparisons, since some states, like Pennsylvania, do not use ERIC’s death data. But Honey’s analysis has the same flaw, as not all ERIC member states use ERIC’s moved-voter data uniformly, either.

Honey did not address why she only analyzed the EAC’s data from one year, when four were available at the time she published her report.

Elsewhere in the report, Honey claims that the outreach to eligible but unregistered residents, or EBUs, that ERIC requires member states to conduct “results in significant swelling of voter rolls,” and that “EBU additions consistently exceed suggested removals by ten times.”

But available data doesn’t support Honey’s conclusions.

“The report is obsessed with EBUs,” Stewart said. “I just take, overall, the report as part of building the case that ERIC is this left wing organization that is trying to get Democrats onto the voter rolls.”

To conclude additions exceed removals by “ten times,” Honey shows a graph of data from ERIC’s website. The wording of the title of the graph calls these “additions and removals instigated by ERIC participation,” as though all of the numbers displayed are actual voters removed from or added to rolls. But ERIC only supplies information about voters who may need to be removed or are eligible to register to vote — state and county election offices determine which are valid and make any changes themselves. In the case of eligible but unregistered voters, the state simply sends a mailer to the identified person informing them of their eligibility, and the voter must take action from there. Honey acknowledges elsewhere in the report that removal and eligible-voter data ERIC provides to states are merely “suggest[ions].”

Her graph also leaves out two other categories of ERIC’s list maintenance recommendations to states. In reality, they’ve recommended roughly 41 million records be updated and identified roughly 57 million voters who may be eligible.

Votebeat performed a more accurate analysis of ERIC’s effect on voter roll additions, using data showing net changes to voter rolls, rather than the number of people who were sent mail.

The EAC’s data — which Honey uses elsewhere in her report, though not for this analysis — shows that there is typically less than 1 percentage point of difference between ERIC and non-ERIC states when it comes to registering new voters.

This figure aligns with academic research on the topic. A study of Pennsylvania’s ERIC mailings, published in 2020, found they resulted in only a 1 percentage point increase in registration.

Elsewhere, Honey’s report relies on real data to make inaccurate conclusions or omits relevant and readily-available context.

For instance, she accurately states that Pennsylvania’s and Michigan’s secretaries of state received voter outreach grants from nonprofits dispersing money from Facebook founder Mark Zuckerberg and his wife, Priscilla Chan. Honey then incorrectly claims the grants were given to those states “in order to gain access to data needed to inflate the Democrat voter rolls and drive Democrat turnout.” Honey did not respond to a request to provide evidence of that claim.

The portion of Pennsylvania voters registered as Democrats went down in 2020, as it has every year for more than a decade. Michigan voters do not register by party, so there are no “Democrat voter rolls” there. And a recent study from data scientists at the University of California Los Angeles found that the areas that received grants funded by Zuckerberg saw less than a 0.13 percentage point increase in voter turnout — ultimately significantly fewer votes than would be needed to swing the election even if they all had voted for Democratic candidate Joe Biden.

Honey also leaves out important context. For example, she quotes a 2021 Wisconsin Legislative Audit Bureau report which found many duplicate and erroneous voter registrations in the file ERIC sent to that state for voters who should potentially be removed.

Honey quotes this accurately but leaves out other parts of the report that reflect positively on ERIC, such as the state elections office saying ERIC does a better job “identifying individuals whose voter registration records may need to be inactivated or who may have more than one active voter registration record” than it does. Among its conclusions, the report says the state’s voter rolls would be more accurate if it used ERIC’s data more often.

Honey said the issues addressed by the Wisconsin agency were “very different things” than what she investigated in her report, but did not elaborate on why she didn’t include the positive aspects.

Honey’s claims gain traction

Despite the flaws in Honey’s report, it quickly gained traction, making its way across conservative media and into the hands of influential politicians and officials.

“Thank you for reading through this information!” a local Virginia GOP committeewoman wrote about Honey’s report in a March 2023 email to a state representative, expressing “hope” it would be shared with the Virginia state elections board. It ultimately was.

Records obtained by Documented also show that Honey’s influence grew through the help of Mitchell. In June 2022, Mitchell organized the event for secretaries of state in Washington, D.C. Officials from Texas, Wyoming, Louisiana, and West Virginia were scheduled to attend, according to records obtained by Documented, which also show that Mitchell’s group paid for a Texas secretary of state official’s travel to the event. Records obtained by Votebeat and Spotlight PA show Missouri Secretary of State Jay Ashcroft was out of office that day for an unspecified “meeting in DC.” Louisiana announced its official withdrawal from ERIC a month later.

As officials and activists took notice of the report, Honey’s work began to be cited by influential outlets and figures in conservative media, including The Federalist.

“Per government watchdog Verity Vote, ERIC doesn’t actually clean states’ voter rolls, but rather inflates them,” the publication wrote in March 2023, using the name of the entity through which Honey puts out her election-related research.

Her work also made appearances in a series of articles critiquing ERIC by Hayden Ludwig, director of policy research at Restoration of America — a conservative Christian non-profit focused on the challenges presented by “the elite,” “Marxist neo-liberals” and “Communist China.”

And Judicial Watch, an influential conservative legal watchdog group, cited it in a white paper in March 2023. “States that do not participate in ERIC had a higher rate of identifying and removing from voter registration rolls individuals who relocated out of a jurisdiction than ERIC member states,” Judicial Watch wrote.

Policymakers took notice of the report as well.

In 2018, Ashcroft, a Republican, said the state’s membership in ERIC “will help affirm voters are eligible and registered in the right location, identify potential duplicate registrations and identify unregistered voters so we can help them get registered.”

But last February, Honey gave Ashcroft a private presentation on her report, emails obtained by Documented and Votebeat/Spotlight PA show.

A month later, Ashcroft announced Missouri’s withdrawal, saying in part that it was because ERIC was “adding names to voter rolls” — language similar to the claims in Honey’s report. Missouri’s number of registered voters increased by less than two percent in the time it was part of ERIC. The state’s Republican state auditor recently criticized Ashcroft for the decision in a report, which cited the benefit of ERIC’s data in maintaining accurate voter rolls. Ashcroft did not respond to multiple requests for comment.

Honey’s report was not the sole reason any state withdrew from ERIC. No state election official — even those who met with her or received her report and appear to have adopted some of her language — explicitly cited her research. But her report and advocacy appears to have influenced several states.

In January of last year, Devvie Duke, a member of the Texas GOP and an ERIC task force, said in a Zoom meeting that she had lined up ERIC training with Heather Honey “so we can be informed and productive when we’re writing.” She paused. “Or, going to see our legislators in support of legislation getting rid of ERIC.”

State Sen. Bryan Hughes, who wrote the bill that pulled Texas out of ERIC, participated in that meeting, where he was introduced as “a regular” at the task force’s sessions.

Duke, who did not respond to a request for comment, is currently running for a seat in the Texas state House. Her campaign material claims that it was “through Devvie’s work that Texas terminated its membership” in ERIC, which she called a “liberal voter registration scheme.”

In Virginia, Susan Beals — a former Republican state Senate aide and now the commissioner for the state Department of Elections — also received the report last March from a member of the state House, according to an email obtained by Votebeat and Spotlight PA. A letter obtained by Virginia Public Media shows that when Beals withdrew from ERIC, some of her reasoning was worded similarly to the contents of the email. Beals did not respond to a request for an interview.

Internal communications from an election integrity network in North Carolina — obtained by Documented and shared with Votebeat and Spotlight PA — show that Honey met with a group of legislators about a bill to prevent the state from joining ERIC, and also met with at least some of members of the state Senate who would later vote for the measure.

And language mirroring Honey’s research has also appeared in the capitol building of her home state, Pennsylvania, where state Sen. Cris Dush (R-Jefferson) said last March that non-ERIC states were doing a better job cleaning voter rolls than ERIC states, though he did not cite any evidence.

Dush did not respond to a request for comment.

Friends in high places, and a new frontier

Honey has certainly been successful in getting her information in front of influential officials in a way her peers have not, forming connections with secretaries of state, their staffs, state lawmakers, U.S. Senate candidates and congressmen. Her influence, therefore, is likely to continue.

For example, she recently gave a talk in Pennsylvania to the Lycoming County Republican Committee, attended by U.S. Rep. Dan Mueser, who called it an “important presentation” on “securing and protecting the voting system.” She also appears to have provided draft language for a bill in June 2021 to state Reps. Seth Grove and Russ Diamond, according to records obtained by American Oversight, a left-leaning watchdog group.

Honey also leads a local organization, PA Fair Elections, which hosts weekly Zoom discussions on election issues and organizes activists. Recent meetings have focused on how to advocate post-election hand counts to county commissioners, though some attract public officials, including at least two state representatives, a Commonwealth Court judge, and county commissioners.

Ahead of the 2024 election, her work is expanding beyond ERIC to include research and advocacy about ballots sent to and from voters living overseas, including military voters.

In addition to authoring a report on the subject, which she published in September 2022, she filed a complaint with the Pennsylvania Department of State, with the support of an attorney from the Thomas More Society. It alleged the department was violating federal law by not requiring identification for some overseas voters.

An attorney for Gov. Josh Shapiro’s office, who handled the complaint, dismissed it in November, offering that the complaint was more of an objection to federal law rather than an accusation that existing law was being violated. Honey is now appealing that decision to Commonwealth Court.

She’s also exporting this advocacy to states outside the commonwealth. In August, she gave a presentation on overseas voters to the Virginia coalition affiliated with Mitchell’s election integrity network, according to records reviewed by Documented.

A now-deleted post from the North Carolina–based Asheville Tea Party, whom Honey worked with to contact legislators in that state, shows that she also gave a presentation in April on military and overseas voters at the request of Mitchell.

Meeting notes posted to the Asheville Tea Party’s website indicate Honey explained that her concern was that while people assume the ballots are from military voters, most of them come from overseas citizens, many of whom were likely unverified.

“These newer election officials just rubber-stamp them and don’t do anything to verify,” she said, according to meeting notes. “It’s the non-military that we need to really worry about.”

Honey’s work focused on influencing local election policy also continues.

At the first PA Fair Elections meeting of the year, Honey kicked off the meeting by talking about what changes members needed to push for in their counties, including pressuring election offices to conduct their required post-election audit — a recount of 2% of all ballots — by hand count. It is currently done with a mix of hand counting and machine tabulation.

“There are 104 days till the primary, so these things we are talking about, we are very much hoping to have them in place for the primary so we can work out any kinks,” she told the group of roughly four dozen. “If we can roll them out in the primary, we can hopefully make improvements to them by the general.”

Graphics and data analysis for this story were done using data from the U.S. Election Assistance Commission’s Election Administration and Voting Survey. Specifically, state-level data on the number of reported registrations, voting age population, overall removals, removals due to voter death, removals due to voter moving out of jurisdiction, and new valid registrations were extracted from the 2014, 2016, 2018, 2020, and 2022 datasets. EAVS data should be used and viewed with caution, as it is a voluntary survey and often incomplete or inaccurate.

Data on overall removals, removals due to voter death, removals due to voter moving out of jurisdiction, and new valid registrations was then grouped by each state’s ERIC membership status for a given report period. Those figures were then divided by the aggregate reported registrations for the group of states. Reported registrations are the actual number of registered voters a given jurisdiction reports in response to the survey. The voting age population is an estimate of the number of persons eligible to vote, based on census data.

READ: 'He's losing it!' Morning Joe rips Trump for 'crazy' lie about NATO allies

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Jason Armesto — a reporter for The Daily Progress, a newspaper in Virginia — contributed to this report.

Votebeat is a nonprofit news organization committed to reporting the nuanced truth about elections and voting at a time of crisis in America.

https://www.votebeat.org/pennsylvania/2024/02/12/h...

Why Trump’s 'fake electors' in Pennsylvania are likely to avoid prosecution


Sixteen people in Michigan who served as so-called “fake electors” for Donald Trump are now facing state-level forgery charges, but similar prosecution appears unlikely here in Pennsylvania as the investigation into an alleged plot to overturn the 2020 election ramps up.

The Keystone State was one of seven won by President Joe Biden where groups of people gathered to submit votes for Trump instead. The plan to organize those electors is part of a federal investigation led by Special Counsel Jack Smith, which appears to be nearing criminal charges. Prosecutors in Arizona and Georgia, two states with “false electors,” are also investigating the plan.

But unlike Michigan, Pennsylvania’s alternate electors are unlikely to face criminal repercussions because of an important legal caveat they added to their document.

The term “fake electors” arose in the post-2020 election period when, in some states Biden had won, electors for Trump cast electoral votes despite Trump’s loss and then submitted their certificate of votes to Congress as well. Through investigations such as Congress’s select committee to investigate the Jan. 6 attack, “fake electors,” “false electors,” and “alternate electors” have come to represent the Trump allies who signed their name to those certificates.

Here’s what to know about Pennsylvania’s fake electors.

In the United States’ presidential election system, each state is represented by a certain number of electors based on its population. Electors are citizens of the state whose vote determines who wins the presidency. In 2020, Pennsylvania had 20 electoral votes.

Each presidential nominee selects a slate of electors before the general election. Once the winner of the state’s popular vote is determined, the governor authorizes that candidate’s slate to cast their votes in the electoral college (except in two states, Nebraska and Maine, which award their electoral votes proportionally). The electors then submit a certificate of their votes to Congress, which accepts and counts those electoral votes on Jan. 6 of the year following the presidential election. A presidential candidate needs 270 or more electoral votes to win.

Because Joe Biden won the popular vote in Pennsylvania, Congress counted the state’s electoral votes for him.

Pennsylvania’s slate of alternate Trump electors featured 20 prominent Republicans from across the state. Among them were former U.S. congressman and gubernatorial candidate Lou Barletta, Allegheny County Council member Sam DeMarco, state GOP Vice Chairwoman Bernadette Comfort, and Kevin Harley, a former spokesperson for Gov. Tom Corbett.

A copy of the certificate, which lists all of the electors’ names, was obtained by the government watchdog group American Oversight (shown on Page 31 of the collected documents).

According to reporting from the New York Times and other news organizations, as well as Votebeat and Spotlight PA interviews with participants, the plan to convene alternate electors was organized by the Trump campaign.

Lawyers for the campaign, including former New York Mayor Rudy Giuliani, appointed a “point person” in each state to help organize the fake electors, according to the New York Times. In Pennsylvania, that person was state Sen. Doug Mastriano, who reportedly needed assurances that the plan was legal.

However, two of the electors — Sam DeMarco and Charlie Gerow — said they mainly interacted with Trump attorney James Fitzpatrick.

On Dec. 14, the fake electors met in the offices of Quantum Communications — Gerow’s Harrisburg-based public affairs firm — to cast their votes for Trump. Pennsylvania law requires that the electors meet in the state capital. Biden’s electors also met in Harrisburg to cast their votes on this day.

Simultaneously, Trump had been personally contacting then speaker of the Pennsylvania House of Representatives Bryan Cutler and asking him what could be done to “fix” the election issues Trump was hearing about in Pennsylvania.

Cutler, according to the Washington Post, told Trump the legislature had no power to overturn the state’s popularly chosen slate of electors, meaning Biden’s electors.

Unlike in other states, Pennsylvania’s fake electors added an important caveat to the certificate that likely shielded them from the consequences faced by their counterparts in Michigan.

Pennsylvania’s certificate said the votes they were casting should only be counted if a court found that they were the “duly elected and qualified Electors.”

“The reasoning that we were given for the need to go through with this process was that [the campaign] was concerned that there was a number of court cases that the Trump campaign had not adjudicated yet,” DeMarco said, and the campaign hoped a favorable ruling for Trump in those cases might have changed the outcome of the vote. In that scenario, DeMarco added, the campaign was concerned that if there was no slate of electors submitted under the constitutional process, the court victories would be meaningless.

“So I as well as others said ‘Fine, but let’s make the document reflect that,’ ” he said. “So we’re a bit different from the other folks.”

Nevada’s fake electors included similar language in their certificate.

The fake electors’ certificate in Michigan, where they were recently charged with forgery and other related crimes, included no such caveat.

Gerow echoed DeMarco’s remarks that the concern among the electors was that they would be viewed as trying to put themselves forward as the legitimately appointed electors.

“But rather, we were the placeholders in case any court found that the Biden slate that claimed to be the legitimate slate was not,” he said. “I’ve been a lawyer for almost 45 years, and I think what we did was totally appropriate.”

Still, many of Trump’s legal arguments had been settled by Dec. 14. Many of the original Trump electors, like Pennsylvania GOP chairman Lawrence Tabas, also declined to sign the certificate either due to concerns over legality or because they recognized Biden as the legitimate winner, according to the final report of Congress’s January 6 committee.

Kevin Greenberg, a Philadelphia-based attorney who has represented national Democratic clients, including in 2020, agreed that the caveat on the courts was an important distinction that set Pennsylvania and Nevada apart. He said in unusual situations like Hawaii in 1960 or Florida in 2000 — situations where there was in fact a “bona fide” dispute about the results — a second, conditional slate may theoretically be appropriate.

“I understand proactively voting your electors in a truly disputed situation, but always with a crystal clear statement that your actions are not representations of victory but only a prophylactic measure in case a court action finally goes your way,” he said. “That’s why I expect Pennsylvania will not have the criminal prosecutions we are seeing elsewhere.”

“In Pennsylvania, the problem is not what these electors did, but what others did with this alternate slate — they made vastly more of it than it was,” he said.

Greenberg noted that some members of Congress voted against accepting Biden’s electors because the alternate slates had submitted votes for Trump, and other Trump allies used them as part of the pressure campaign aimed at getting then-Vice President Pence to do the same, even in the case of the Pennsylvania slate’s conditional votes.

Neither DeMarco or Gerow said they were worried about any criminal repercussions, and both pointed out that even Gov. Josh Shapiro, a Democrat, agreed with them.

In early 2022, Shapiro, then attorney general, said the Pennsylvania fake electors’ actions did not cross the line into criminality.

“These ‘fake ballots’ included a conditional clause that they were only to be used if a court overturned the results in Pennsylvania, which did not happen,” Shapiro said. “Though their rhetoric and policy were intentionally misleading and purposefully damaging to our democracy, based on our initial review, our office does not believe this meets the legal standards for forgery.”

A spokesperson for current Attorney General Michelle Henry said this month that position has not changed.

The detail behind how Pennsylvania’s electors came together may still be of interest to federal investigators weighing criminal charges for Trump. Trump recently revealed that he received a target letter from Smith, indicating that criminal charges may be coming soon.

Criminal charges may also be coming soon in Georgia.

DeMarco has been open about his contact with FBI agents last spring, with whom he said he fully cooperated. Asked if he has been in contact with Smith’s investigators since he was appointed as special counsel last November, DeMarco replied only with “no comment.”

Gerow said neither he nor Kevin Harley, another member of his firm and a fellow alternate elector, have had contact with any investigators.

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

Trump's 'fake electors' are likely to avoid prosecution in Pennsylvania — here's why

Sixteen people in Michigan who served as so-called “fake electors” for Donald Trump are now facing state-level forgery charges, but similar prosecution appears unlikely here in Pennsylvania as the investigation into an alleged plot to overturn the 2020 election ramps up.

The Keystone State was one of seven won by President Joe Biden where groups of people gathered to submit votes for Trump instead. The plan to organize those electors is part of a federal investigation led by Special Counsel Jack Smith, which appears to be nearing criminal charges. Prosecutors in Arizona and Georgia, two states with “false electors,” are also investigating the plan.

But unlike Michigan, Pennsylvania’s alternate electors are unlikely to face criminal repercussions because of an important legal caveat they added to their document.

The term “fake electors” arose in the post-2020 election period when, in some states Biden had won, electors for Trump cast electoral votes despite Trump’s loss and then submitted their certificate of votes to Congress as well. Through investigations such as Congress’s select committee to investigate the Jan. 6 attack, “fake electors,” “false electors,” and “alternate electors” have come to represent the Trump allies who signed their name to those certificates.

Here’s what to know about Pennsylvania’s fake electors.

In the United States’ presidential election system, each state is represented by a certain number of electors based on its population. Electors are citizens of the state whose vote determines who wins the presidency. In 2020, Pennsylvania had 20 electoral votes.

Each presidential nominee selects a slate of electors before the general election. Once the winner of the state’s popular vote is determined, the governor authorizes that candidate’s slate to cast their votes in the electoral college (except in two states, Nebraska and Maine, which award their electoral votes proportionally). The electors then submit a certificate of their votes to Congress, which accepts and counts those electoral votes on Jan. 6 of the year following the presidential election. A presidential candidate needs 270 or more electoral votes to win.

Because Joe Biden won the popular vote in Pennsylvania, Congress counted the state’s electoral votes for him.

Pennsylvania’s slate of alternate Trump electors featured 20 prominent Republicans from across the state. Among them were former U.S. congressman and gubernatorial candidate Lou Barletta, Allegheny County Council member Sam DeMarco, state GOP Vice Chairwoman Bernadette Comfort, and Kevin Harley, a former spokesperson for Gov. Tom Corbett.

A copy of the certificate, which lists all of the electors’ names, was obtained by the government watchdog group American Oversight (shown on Page 31 of the collected documents).

According to reporting from the New York Times and other news organizations, as well as Votebeat and Spotlight PA interviews with participants, the plan to convene alternate electors was organized by the Trump campaign.

Lawyers for the campaign, including former New York Mayor Rudy Giuliani, appointed a “point person” in each state to help organize the fake electors, according to the New York Times. In Pennsylvania, that person was state Sen. Doug Mastriano, who reportedly needed assurances that the plan was legal.

However, two of the electors — Sam DeMarco and Charlie Gerow — said they mainly interacted with Trump attorney James Fitzpatrick.

On Dec. 14, the fake electors met in the offices of Quantum Communications — Gerow’s Harrisburg-based public affairs firm — to cast their votes for Trump. Pennsylvania law requires that the electors meet in the state capital. Biden’s electors also met in Harrisburg to cast their votes on this day.

Simultaneously, Trump had been personally contacting then speaker of the Pennsylvania House of Representatives Bryan Cutler and asking him what could be done to “fix” the election issues Trump was hearing about in Pennsylvania.

Cutler, according to the Washington Post, told Trump the legislature had no power to overturn the state’s popularly chosen slate of electors, meaning Biden’s electors.

Unlike in other states, Pennsylvania’s fake electors added an important caveat to the certificate that likely shielded them from the consequences faced by their counterparts in Michigan.

Pennsylvania’s certificate said the votes they were casting should only be counted if a court found that they were the “duly elected and qualified Electors.”

“The reasoning that we were given for the need to go through with this process was that [the campaign] was concerned that there was a number of court cases that the Trump campaign had not adjudicated yet,” DeMarco said, and the campaign hoped a favorable ruling for Trump in those cases might have changed the outcome of the vote. In that scenario, DeMarco added, the campaign was concerned that if there was no slate of electors submitted under the constitutional process, the court victories would be meaningless.

“So I as well as others said ‘Fine, but let’s make the document reflect that,’” he said. “So we’re a bit different from the other folks.”

Nevada’s fake electors included similar language in their certificate.

The fake electors’ certificate in Michigan, where they were recently charged with forgery and other related crimes, included no such caveat.

Gerow echoed DeMarco’s remarks that the concern among the electors was that they would be viewed as trying to put themselves forward as the legitimately appointed electors.

“But rather, we were the placeholders in case any court found that the Biden slate that claimed to be the legitimate slate was not,” he said. “I’ve been a lawyer for almost 45 years, and I think what we did was totally appropriate.”

Still, many of Trump’s legal arguments had been settled by Dec. 14. Many of the original Trump electors, like Pennsylvania GOP chairman Lawrence Tabas, also declined to sign the certificate either due to concerns over legality or because they recognized Biden as the legitimate winner, according to the final report of Congress’s January 6 committee.

Kevin Greenberg, a Philadelphia-based attorney who has represented national Democratic clients, including in 2020, agreed that the caveat on the courts was an important distinction that set Pennsylvania and Nevada apart. He said in unusual situations like Hawaii in 1960 or Florida in 2000 — situations where there was in fact a “bona fide” dispute about the results — a second, conditional slate may theoretically be appropriate.

“I understand proactively voting your electors in a truly disputed situation, but always with a crystal clear statement that your actions are not representations of victory but only a prophylactic measure in case a court action finally goes your way,” he said. “That’s why I expect Pennsylvania will not have the criminal prosecutions we are seeing elsewhere.”

“In Pennsylvania, the problem is not what these electors did, but what others did with this alternate slate — they made vastly more of it than it was,” he said.

Greenberg noted that some members of Congress voted against accepting Biden’s electors because the alternate slates had submitted votes for Trump, and other Trump allies used them as part of the pressure campaign aimed at getting then-Vice President Pence to do the same, even in the case of the Pennsylvania slate’s conditional votes.

Neither DeMarco or Gerow said they were worried about any criminal repercussions, and both pointed out that even Gov. Josh Shapiro, a Democrat, agreed with them.

In early 2022, Shapiro, then attorney general, said the Pennsylvania fake electors’ actions did not cross the line into criminality.

“These ‘fake ballots’ included a conditional clause that they were only to be used if a court overturned the results in Pennsylvania, which did not happen,” Shapiro said. “Though their rhetoric and policy were intentionally misleading and purposefully damaging to our democracy, based on our initial review, our office does not believe this meets the legal standards for forgery.”

A spokesperson for current Attorney General Michelle Henry said this month that position has not changed.

The detail behind how Pennsylvania’s electors came together may still be of interest to federal investigators weighing criminal charges for Trump. Trump recently revealed that he received a target letter from Smith, indicating that criminal charges may be coming soon.

Criminal charges may also be coming soon in Georgia.

DeMarco has been open about his contact with FBI agents last spring, with whom he said he fully cooperated. Asked if he has been in contact with Smith’s investigators since he was appointed as special counsel last November, DeMarco replied only with “no comment.”

Gerow said neither he nor Kevin Harley, another member of his firm and a fellow alternate elector, have had contact with any investigators.

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

https://pennsylvania.votebeat.org/2023/7/31/238145...

This Pennsylvania county rejected voters’ flawed mail ballots — then it refused to count their in-person votes, too

Delaware County disenfranchised a handful of eligible voters in the May primary by rejecting their provisional ballots based on an allegedly incorrect interpretation of the law, the American Civil Liberties Union of Pennsylvania argued in a new lawsuit.

Following the May 16 primary, Delaware County’s Board of Elections decided not to accept provisional ballots cast in person by voters who had already been told their mail ballots were rejected due to technical defects. That means that these voters were twice rejected, after trying to remedy their mail ballot mistake by voting provisionally at their nearby polling places, and ultimately were unable to have their ballot counted.

While the legal dispute only involves roughly a half-dozen voters, it could have implications statewide for whether voters whose mail ballots get rejected have the chance to vote by other means.

The dispute hinges on a contradiction between Pennsylvania’s vote by mail law and the state’s statute governing provisional voting, which, if not resolved, has advocates concerned that it could be used as a way to disenfranchise voters in future elections.

“We need clarity in the law on this,” said Marian Schneider, senior voting rights policy counsel at the ACLU of Pennsylvania. “I think that the intent was to prevent double voting, but there’s an inconsistency with the earlier version of the statute, and as we said in our petition the courts should reconcile that statute.”

At an election board meeting last month, the board members said that while they felt these ballots should be counted on principle, it was not accepting six provisional votes because the state’s mail voting statute, and established case law, prevented the county from doing so. The county pointed to a 2020 case from the state’s Commonwealth Court, though there was disagreement about whether that case set a binding legal standard.

“If we received a mail-in ballot that has a fatal flaw, it only makes sense that they should be able to cast a provisional ballot,” elections director James Allen said at a May 23 meeting of the board. “However, we have this Commonwealth Court ruling that says ‘you shall not do that.’ We don’t have any liberty to just make our own rules.”

Provisional ballots are given to voters whose eligibility to vote is in question when they check in at a polling place. Election officials withhold those ballots from being counted until the voter’s eligibility can be confirmed.

The provisional ballots came from voters who had requested and returned a mail ballot, but had that mail ballot canceled by the county due to defects before the vote was tallied. By law, counties cannot count mail ballots which lack a signature, proper date, or are returned without being placed in a secrecy envelope, though a case making its way through the federal courts may change that.

The total number of twice-rejected voters in the May primary is small, largely because Delaware County’s municipal primary was a low-turnout, off-year election. In a presidential or midterm election year, the number of these twice-rejected voters under this policy could be much higher.

In last year’s midterm elections, more than 16,000 Pennsylvania voters had their mail ballots rejected for such reasons, including more than 900 in Delaware County.

The county notified voters whose mail ballots were rejected ahead of primary day and gave them the opportunity to come to the election office, in Media, to fix their errors. But in two examples, the ACLU said its clients’ age made traveling to the election office difficult compared with going to their local polling place on election day.

Those voters and at least four others cast provisional ballots at their voting precincts after being notified of their mail ballot’s defect, according to the ACLU. The ACLU also claims a county employee advised two of the plaintiffs to use the provisional ballots.

A provision in Act 77, the 2019 law that established no-excuse mail voting in Pennsylvania, says “a provisional ballot shall not be counted if … the elector’s absentee ballot or mail-in ballot is timely received by a county board of elections.”

But, in the ACLU’s petition to the Delaware County Court of Common Pleas — which asks the courts to compel the board to count the ballots — the organization argues that another portion of the statute takes precedence. That section says that as long as a voter is eligible to vote, their signature on the provisional ballot envelope matches their registration, and they have not “cast” another ballot, their provisional ballot “shall” be counted.

“Cast” is the key word, the ACLU argues.

“We’re not encouraging double voting, but if the timeliness of the receipt of the mail ballot is not the end of the story, it has to be counted,” Schneider said.

To “cast” a ballot means for it to be counted, the ACLU argues, and voters who have their mail ballots canceled by definition did not have it counted.

Other counties, and the Department of State, appear to interpret the conflict between the statutes the same way the ACLU does. Schneider, as well as election administrators contacted by Votebeat and Spotlight PA, were unaware of any other counties taking Delaware County’s approach.

Nick Custodio, deputy city commissioner in neighboring Philadelphia, said the city counts provisionals cast under the same circumstances.

The Pennsylvania Department of State’s official website advises voters to vote provisionally if they “returned a completed absentee or mail‐in ballot that was rejected by the county board of elections,” although members of the Delaware County Board of Elections said they felt this advice was misleading because of case law on the matter.

The Department of State declined to comment specifically on the ACLU’s case, but said it was monitoring the litigation and would update its guidance if there is any authoritative court ruling. The guidance on the department’s website remained the same as of the time of publishing.

The clause in Act 77 regarding provisional ballots for mail voters with ballot defects was the basis of a 2020 Commonwealth Court decision involving voters from Allegheny County. In that ruling, the court found that provisional ballots cast by voters with defective mail ballots should not be counted.

Much of the dispute between the ACLU and Delaware County comes down to whether the 2020 ruling set a binding legal standard, known as a precedent.

Schneider and the board’s attorney went back and forth at the board’s May 23 meeting on whether the decision in the 2020 case from Allegheny County carries the weight of legal precedent.

A spokesperson for Pennsylvania’s court system said the decision was “an unreported memorandum opinion (i.e., unpublished),” meaning it does not have the same precedential value as a reported or published opinion.

[Update, June 8th, 3:30 p.m.: A spokesperson for the county said that even though the board felt the ruling in question is incorrect, the board members voted to follow the law as they understood it.

“It is not for the Board to ignore court rulings it does not like,” said spokesperson Adrienne Marofsky in a statement to Votebeat and Spotlight. “Rather, the Board will litigate this matter with the goal of seeking clarity from the courts of Pennsylvania on this important issue.”]

Lawyers with ties to former President Donald Trump have signaled the provision could be the basis for litigation in future elections for federal races.

A law firm composed of two attorneys who helped handle 2020 election cases for Trump and the Pennsylvania GOP — Pittsburgh-based Gallagher Giancola — sent a letter to counties last fall on behalf of the Republican National Committee stating that they intended to challenge such ballots, according to a copy of the letter obtained by Votebeat and Spotlight PA.

“The RNC intends to challenge the provisional ballots cast by voters who also cast an absentee or mail-in ballot, even if such absentee or mail-in ballot has been deemed unable to be counted under applicable law,” the letter read. It appears such challenges never materialized.

State regulators are also interested in resolving the discrepancy. At a recent meeting of the Joint State Government Commission’s Election Law Advisory Board, member Christina Iacono brought up the Delaware County situation and said it was something the board should consider addressing and issuing a legislative recommendation.

Schneider, the ACLU’s attorney, said it would be best to have ambiguities like this resolved before the next presidential election, which is why the ACLU is pursuing the case.

“I do think Delaware County is incorrect in their analysis, but we do need the courts to weigh in,” she said. “This is an important issue to get clarity on.”

The case will first need to be decided on by a Delaware County judge before it could potentially be appealed up to a high court and set precedent. The county has yet to file a reply brief to the ACLU’s petition.

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org

Chalkbeat is a nonprofit news site covering educational change in public schools.

45 candidates running to get control over PA elections have spread election misinformation

When Zach Scherer woke up on Nov. 4, 2020, he was convinced something was wrong.

“When we all went to bed that night, Trump was up by millions of votes, but the next morning, we suddenly ‘lost’ by millions of votes,” he recalled recently on his website, repeating widely debunked misinformation. “It just didn’t make sense.”

So, he decided to do something about it, organizing a local group called Butler PA Patriots, which cited conspiracy theories to press the county government for election investigations and voting policy changes.

He was even more pointed on his Facebook page last December, when he said Americans should be shamed for “continuing to let the government control our election results,” which he said, without evidence, were “all preselected.”

His beliefs about elections have led him to a new phase in his journey: running for county commissioner.

In Butler, like many other parts of the state, the officials the officials who hold the position make critical decisions shaping how elections are run and the access voters have to the ballot box.

In an in-depth review, Votebeat and Spotlight PA found that Scherer is one of dozens of commissioner candidates in the May 16 primary holding these beliefs or giving them lip service. At least 26 people running for county commissioner or county council have directly said the 2020 election was stolen from Donald Trump, that the outcome was affected by voter fraud, or otherwise said there is a conspiracy to manipulate elections.

The review included searching more than 400 candidates’ social media posts, campaign material, and other public statements. Votebeat and Spotlight PA also sent a two-question email survey to as many candidates as could be reached, and spoke to others by phone. That survey asked “1) Did President Joe Biden legitimately win the 2020 election? 2) Are Pennsylvania elections secure against significant fraud or manipulation?”

The survey and review also found 19 other candidates who have expressed skepticism about the integrity or security of elections without directly saying there is significant fraud.

These 45 candidates are all Republicans. And in some cases, they’re getting key party endorsements over more mainstream incumbents and have a strong shot at seizing control of counties’ election operations.

Election officials across the state have voiced concerns that if people who believe in election conspiracies win commissioner seats, it could undermine the commonwealth’s entire election system. A new report from the Brennan Center for Justice cited the prospect of “election deniers” in county positions refusing to certify elections, as shown through certification disputes in Pennsylvania last year, as a form of election subversion that could come up again.

Pennsylvania grants a lot of authority over elections to its 67 counties, so it’s often up to those counties’ boards of commissioners to make big decisions about how exactly elections will be run.

With the exception of the commonwealth’s seven home rule counties, which maintain different systems, commissioners generally make up a county’s entire board of elections.

This means commissioners determine the locations of voting precincts, set election budgets, hire election directors, and — until the law changes or courts rule differently — make consequential decisions about the rules voters follow, such as whether they can submit a mail ballot via a drop box or if they’re given an opportunity to fix a flawed mail ballot.

Those decisions factor into how easy or difficult it will be for county residents to vote, and which ballots get counted. Commissioners’ public rhetoric and messaging can also stir up voters’ distrust in elections.

Jeff Greenburg, a former election director in Mercer County who now works as a senior advisor on election administration for the Philadelphia-based nonprofit Committee of Seventy, said that while election directors are often more visible when it comes time to vote, commissioners hold the real power.

“They make decisions just on the function of elections, the logistics, the x’s and o’s,” he said. “You have an election administrator who runs the day-to-day, but they answer to the commissioner.”

A commissioner’s ability to select or push out the administrator is particularly important, Greenburg said, pointing to recent news of an experienced and well-respected county election chief in Tarrant County, Texas, resigning due to conflicts with the new county executive.

The power to hire the county’s election administrator also gives commissioners influence over election operations, inviting the kind of concerns raised last month in Cochise County, Arizona, where conservative county officials replaced an election director with someone who has spread false claims alleging the 2020 election was stolen from Trump.

These upheavals aren’t happening in a vacuum.

Since 2020, conservative activists in Pennsylvania and nationally have turned their focus toward local offices. Former Trump aide Steve Bannon and other allies have promoted a “precinct strategy” to capture the lowest elected offices in party politics to remake the Republican Party. Local activists like Audit the Vote PA’s Toni Shuppe have advocated for it, and the strategy has had some limited success in Pennsylvania.

Voters dealt a blow to candidates focused on spreading misinformation and doubts about election integrity in Pennsylvania last year when state Sen. Doug Mastriano (R., Franklin), one of the commonwealth’s most prominent backers of these theories, lost badly in his campaign for governor.

But his loss doesn’t mean the movement is dead. Many of these commissioner races are happening in deeply Republican counties, which means the primaries will likely decide who wins. Candidates won’t have to win over the whole electorate — just the base that gave Mastriano the GOP gubernatorial nomination last year.

Candidates are not always direct in articulating their election views. Several incumbent commissioners, like Republicans Nick Sherman in Washington County and Leslie Osche in Butler, have repeated the common refrain that the elections in their own county are secure, but they can’t speak for other counties or elections in general.

Roughly a dozen candidates have made references to “election integrity” without providing much, if any, definition. Groups that have pushed false narratives of widespread election fraud, like Butler PA Patriots, Audit the Vote PA, and a statewide coalition led by retired CIA officer Sam Faddis, have often used the term as a catch-all for their suspicions about electoral cheating.

Both incumbent Republican commissioners in Union County said they had worked together to “fight for election integrity.” Republican candidate Jacqueline Rivera in Lehigh County said she would “defend election integrity.” And Republican candidate Scott Burford in York County put “election integrity” on his checklist for success.

At least one Democrat running in an overwhelmingly blue county — Joanna Doven in Allegheny County — adopted the phrase as well when she said she would focus on “restoring election integrity.”

These elections look slightly different in the commonwealth’s seven home rule counties, which set up their own government structures rather than adopting the commissioner system most counties use.

Home rule counties generally elect a council instead, and while council members don’t serve on boards of elections like commissioners do, they can still influence election policy through budgeting and hiring.

In 2022 when Luzerne County’s Democratic-majority Board of Elections was planning to use drop boxes in the midterm elections, members of the Republican-majority county council tried to bar county employees or resources from being used to deploy drop boxes. While the county’s home rule charter puts decisions like using drop boxes under the purview of the Board of Elections, use of county resources — like staff time — is up to the council.

Scherer, the county commissioner candidate in Butler County, told Votebeat and Spotlight PA that his beliefs about the 2020 election being unfair and elections in general being susceptible to manipulation factored “a lot” into his choice to run.

“It’s definitely a priority on my list because I see a lot of polls out there from across the country that 50 or 60 percent of people think their votes aren’t counted,” he said. “I honestly think that it’s a big issue [in Butler].”

And if he’s elected, he said he will act on those beliefs, seeking to examine voting machines for internet connections and, in his ideal world, moving to hand counting of ballots.

But not all commissioner candidates are making election issues part of their campaigns. While Votebeat and Spotlight PA found that roughly one-third of candidates had made statements at some point related to the way elections are run, many more are focused on much more local issues.

For example, the review found no relevant statements from any of the seven candidates for county commissioner in Clarion County, and one candidate who responded to Votebeat and Spotlight PA’s survey offered his thoughts on why.

“As long as candidates like [Donald] Trump and Kari Lake are in the news, it will get talked about, but it’s not something that people are talking about locally,” Braxton White, a Democrat, said. “The issues people are talking about now are emergency services and issues with broadband. As nationalized as politics has become, people have become very [good] at tuning that stuff out locally.”

Marian Schneider, senior voting rights policy counsel at the ACLU of Pennsylvania, pointed out that while the 45 candidates identified by Votebeat and Spotlight PA may seem like a lot, not all will make it through the primary, and even if they did, they would still only make up less than a quarter of the 180 commissioner seats in the state.

Still, who wins the seats will have a direct impact on election policy for the next four years, she said, including during the crucial 2024 presidential election cycle.

Peter Bondi, managing director for Informing Democracy, a nonprofit focused on the vote-counting process, said voters should be concerned about what the group describes as “anti-democracy” officials.

“In the aftermath of the 2022 elections, we saw a lot of the narrative being focused on statewide actors as being the critical players in our elections,” Bondi said. “While certainly statewide actors do have a big role to play, the reality of the situation is that it is largely county level workers, and county level officials, who are the ones actually administering our elections.”

A recent report from the group identified more than 200 such “anti-democracy” officials, including 36 at the county level in Pennsylvania, whom Informing Democracy defined as having sought to undermine elections.

Greenburg, the former election director turned policy advisor, emphasized that the reason commissioners have become so influential in recent years is due to ambiguity in Pennsylvania’s election code.

Act 77, the 2019 law that created no-excuse mail voting, is unclear on several elements of election administration, such as whether countries can permit “ballot curing,” a step that allows voters to fix mail ballot mistakes. As a result, the law effectively leaves decisions about these policies up to counties, and therefore, to commissioners.

What’s more, Greenburg said, such commissioners could exploit current flaws in Pennsylvania statute, which sets no deadline for the state to certify elections and includes no real consequences for counties that do not provide their certifications to the state in the required timespan, apart from the state seeking a remedy through the courts.

Last spring, three counties — Berks, Fayette, and Lancaster — refused to include undated mail ballots in their certified primary election result. The incident was specifically mentioned in the Brennan Center report.

A state court eventually forced the counties to fully certify, but the incident raised concern that in the future county boards might refuse to certify results when they disagree with the rules for or outcome of an election. The incumbent Republican commissioners in those counties, who constitute their boards of elections, are all running for reelection.

“In the end, it feels like even without gaps [in the law] being filled by the General Assembly or all those folks being elected, I have some optimism because the courts are there as a backstop to all of this,” Greenburg said.

At least one outgoing commissioner shared his optimism, for a different reason.

Chris Young, a Republican commissioner in Columbia County, said he has been overseeing elections for 24 years as a Board of Elections member, and has learned that many people will simply say what they need to say to get elected. But he has become fed up with the narrative that elections are controlled by a “clandestine group,” when in reality, they are run by “our neighbors, our friends.”

He added, though, he doesn’t think the candidates pushing conspiracy theories are genuinely dangerous because in his opinion, they’re all talk. If elected, Young thinks many will simply “say they magically made it better.”

“They’re not going to do anything to change the system,” he said, “because the system is very good.”

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org

Chalkbeat is a nonprofit news site covering educational change in public schools.

Senator's record on elections has Pennsylvania Democrats worried

As the Legislature returns to work after a slow start to the session, progressive advocates and Democratic lawmakers worry a critical Senate committee will be a bottleneck for long-sought improvements, such as pre-processing mail ballots, to Pennsylvania’s election law.

Chairing that committee — in the only arm of government controlled by Republicans — is Sen. Cris Dush.

Dush is perhaps best known for leading an attempt by the Pennsylvania Senate to perform an Arizona-style investigation of the 2020 election, though his history with hard-right positions on election issues extends further back. Already this session, he has sponsored bills to eliminate mail-in voting and require additional election audits.

“People are worried about getting any election legislation past him,” said Kyle Miller, a policy advocate with the nonpartisan group Protect Democracy and a former aide to a Democratic member of the committee. “We don’t see a realistic path for getting anything done, given his past.”

But Democratic lawmakers say Harrisburg’s new political dynamic — with their party in charge of the state House for the first time in more than a decade — means Dush must adapt to the new reality and engage in order to stay relevant.

For any election legislation to pass this session, it will need to navigate through a divided Legislature, then receive the approval of Democratic Gov. Josh Shapiro, who has been dismissive of Dush in the past.

Act 77, the 2019 law which allowed no-excuse mail voting in the state, started as a bill in the State Government Committee, which Dush now chairs. Any proposals this session, like giving election officials more time to process mail ballots or implementing other long-sought changes proposed by a bipartisan advisory board, also must pass through the committee.

Dush hasn’t spoken extensively about his election priorities for this session, aside from brief remarks earlier this month about voter ID and ballot chain of custody.

“... it will remain my priority to make critical reforms to our voting process to restore the faith of all Pennsylvanians in their elections,” he said in a news release.

He did not respond to multiple requests for an interview, including emails, phone calls, and a visit to his Harrisburg office.

His district includes his home county, Jefferson, home to America’s most famous groundhog, Punxsutawney Phil, and the setting for the 1993 Bill Murray movie “Groundhog Day.” Jefferson County’s 44,000 residents are mostly Republican, and they voted overwhelmingly for Donald Trump in 2020 and for 2022 GOP gubernatorial candidate Doug Mastriano, a state senator.

Before entering politics, Dush was in the Air Force and was a correctional officer for the Pennsylvania Department of Corrections. In 2014, he was first elected to the state House, and took his conservative voting record to the state Senate in 2020.

Chad Horner, chair of the Jefferson County GOP, declined to talk about how conservatives in the area feel about Dush’s record, or his appointment as chair. But he did say county residents are concerned about the changes to the election system brought on by Act 77, about inconsistencies in voting policy from county to county, and about a perception that courts are usurping the Legislature’s authority.

“We need a uniform system that is fair to both political parties and, more importantly, the voters,” he said. “This should not be a political issue, and I hope Senator Dush and members of the legislature are able to address these issues so all voters have faith in our elections.”

During the 2021-2022 legislative session, Republicans controlled the House and Senate and were able to get constitutional amendments advancing their policy priorities onto the ballot, a way to avoid Democratic Gov. Tom Wolf’s veto.

With Democrats in control of the House, that path is effectively closed.

“So you can’t just try to muscle through ideological positions without working across the aisle, or you reduce your position to rhetoric,” said state Sen. Anthony Williams, a Democrat on the State Government Committee.

For example, with the help of Dush’s committee, the Republican-controlled Senate in January approved a constitutional amendment that would expand Pennsylvania’s existing voter ID requirements — a top GOP priority. But the Democrat-controlled House did not take up the measure, stopping it before it reached voters.

Any election legislation needs House approval as well as Shapiro’s signature. The governor has repeatedly said he will not approve any measure he believes is restricting the right to vote. In addition, while campaigning for governor in Dush’s district last year, Shapiro called him a “profoundly weak person” while talking about persistent claims of voter fraud from Republicans.

Manuel Bonder, Shapiro’s press secretary, did not respond directly to questions about that remark or the relationship between the two officials, but said Shapiro would work with anyone “to strengthen our democracy and protect voting rights.”

“That said, any election skullduggery, conspiracy theories, or attempts to restrict the right to vote will be dead on arrival in the Shapiro administration,” he added.

Williams thinks the new dynamic will necessitate moderation, and he expects Dush “to evolve in his approach to the committee,” he said.

State Sen. Vincent Hughes, a Democratic colleague of Dush’s on the Intergovernmental Operations Committee, also hopes that “divisive issues can be left in the past.”

“[There’s a] new governor, new General Assembly, and a very, very promising budget picture that could really help implement a number of these reforms and do them well,” he said.

Others are less optimistic about what the State Government Committee will be able to accomplish.

“My expectations for that committee getting anything done that is good for democracy is a negative 12,” said state Sen. Katie Muth, who sits on the committee. “Maybe I am wrong, I hope I am wrong, but Dush has a lengthy history of election denial.”

In the Senate, the leadership picks which lawmakers will head committees. Muth pointed out that Senate Republican leadership chose to appoint Dush as chair with full knowledge of his record.

Senate President Pro Tempore Kim Ward and Majority Leader Sen. Joe Pittman did not respond to requests for an interview, though a spokesperson emailed a statement saying “leadership considers seniority, input from members, and interests” in making committee appointments.

Dush emerged as a key legislative player around 2017, amid a seismic shift in Pennsylvania’s elections when a court case involving the League of Women Voters resulted in the state Supreme Court invalidating the 2011 congressional district map.

Then in the state House, Dush introduced a resolution to impeach several justices. The resolution was unsuccessful but garnered Dush state and national media attention.

“People inherently understand that competitive endeavors, whether sporting contests or elections need rules to function smoothly giving the rule makers a vital role in shaping the competition,” Dush wrote in an article for the conservative American Legislative Exchange Council — a nonprofit that helps conservative legislators share bills across state lines. “On January 22, 2018, the Pennsylvania Supreme Court decided the role of referee wasn’t good enough. The Court announced that it would usurp power lawfully held by the owners of the Constitution (The People) to create its own piece of law by drawing a new Congressional District Map for the Commonwealth.”

In the post-2020 election period, as former President Donald Trump and his allies spread false claims of fraud in the contest, Dush was among a group of legislators who asked Congress to reject Pennsylvania’s electoral votes.

At the time, Dush was preparing to step into a new role. He had just won election to the Senate seat of former Senate President Pro Tempore Joe Scarnati, who had supported Dush’s primary opponent.

During his first term as a senator, he served as vice chair of the State Government Committee, and after then-Senate President Pro Tempore Jake Corman ousted state Sen. Mastriano as chair of Senate Intergovernmental Operations Committee, Dush was selected as chair of that committee.

It is here that he made his mark on elections issues while garnering the mistrust of his Democratic colleagues. He spearheaded the Senate’s attempt to perform an Arizona-style review of the 2020 election, which raised alarm bells from Democrats and election policy advocates for its ultimately unsuccessful subpoenas aimed at acquiring sensitive voter information.

“I think he ran the committee as a dictator and dictated to the minority,” said Senate Minority Leader Jay Costa, who served with Dush on the committee. Democrats on the committee had complained that decisions on the investigation of the 2020 election were being made unilaterally.

Costa said his concern is that Dush appears to believe the 2020 election was stolen, and that he has not shown interest in addressing the concerns most pressing to county officials, like pre-canvassing mail ballots.

Dush has also introduced several election-related bills over his years in government. One of his first actions as senator was to introduce a resolution on the day of Biden’s inauguration to declare the 2020 election invalid.

As part of the Senate’s election inquiry, Dush and Mastriano toured the Arizona review in the summer of 2021. Shortly after that trip Dush released a co-sponsorship memo advocating for ballot security features, including adding unique identifiers like QR codes to ballots, as a way to prevent fraud. The proposal appears to be mirrored on legislation introduced in Arizona and pushed by then-state Sen. Mark Finchem, a prominent purveyor of election misinformation who ran unsuccessfully for Arizona secretary of state last year.

Republicans in other states took up similar proposals. Although Dush never formally introduced his bill, he released another co-sponsorship memo about ballot security features this session.

Dush campaigned with Mastriano during his gubernatorial bid, saying at a Jefferson County event that “they” would steal the 2022 election “again.” He has also co-sponsored some of Mastriano’s election proposals, including a constitutional amendment to repeal mail-in voting and one requiring election equipment be manufactured in the United States.

In 2017 as a member of the House, Dush introduced a bill which would shift the way the state allocates presidential electoral votes, proposing a switch from awarding them to the state’s popular vote winner to awarding them by congressional district to the popular vote winner in each district, though the proposal never made it out of committee.

The practice, known as the Congressional District Method, is seen as an improvement over the current winner-take-all system, according to a study by Fordham University, since it “creates a mechanism for voters to exercise electoral power independent from the statewide plurality,” but would have resulted in former President Barack Obama losing the 2012 election despite winning the popular vote.

The committee’s only meeting so far this session did not bode well for future bipartisanship. Dush admonished state Sen. Amanda Cappelletti for calling the January 6th attack on the U.S. Capitol an “insurrection,” with Dush telling his colleague, “We don’t use that here.”

But other outside observers, like Pennsylvania League of Women Voters Government Policy Director Susan Gobreski, stressed the need for there to be less of a focus on personality and more of a focus on the impact of policy.

“We need to talk about ideas and if they are good or bad and who they impact,” she said. “The motives of the people pushing them matters sometimes, but what matters more is the impact of the policy.”

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

Ballot shortages, machine errors, voting disputes: Inside a pattern of election problems in one PA county

She may not have known it, but on Nov. 8, Beth Gilbert McBride was experiencing a Luzerne County election tradition. Or perhaps a curse.

Gilbert McBride, who had become acting director of elections just three months earlier, started hearing a trickle of reports in the morning about precincts running out of ballot paper. As the day dragged on, dozens of precincts would report a shortage. Some said they had to turn voters away for lack of paper to use in Luzerne’s ballot-on-demand printers.

Gilbert McBride and her election staff tried to keep track of the affected locations on a movable whiteboard as she rushed around the office trying to deal with the crisis. The county scrambled to order paper from local suppliers, and reams piled up next to the office Pepsi machine, awaiting delivery to the triaged list of 44 precincts. As the situation worsened, a local judge stepped in to order that polls stay open two hours late.

By the end of the day, Luzerne would be singled out by the Department of State as the only county with significant voting problems during an otherwise smooth midterm Election Day for Pennsylvania.

The exact cause of the paper shortage has yet to be disclosed. The local district attorney is investigating but has yet to release his findings, and neither Gilbert McBride nor the County Board of Elections has offered detailed explanations to the many residents who have demanded answers.

Gilbert McBride declined to be interviewed for this story.

What is clear is that the incident was not Luzerne’s first problem during an election and Gilbert McBride is not the first election director to oversee voting there with no prior experience.

Luzerne has cycled through election directors and other staff over the past several years, leading to an immense loss of institutional knowledge and making it an outlier even in an industry that has seen accelerating turnover.

This loss of knowledge, say current and former county officials and longtime election observers, resulted in another Luzerne election debacle. The deeper cause, they tell Votebeat and Spotlight PA, is the county’s unique government structure, low pay, and the stress on election workers.

“A lot of these [problems] are attributable to human error — in fact all these things in one form or another,” said Bob Morgan, who served as election director for eight months in 2021. “But part of it is exacerbated by people just leaving and the next person just kind of has to figure things out by themselves and there is no formal training program.”

Gilbert McBride, who is also a Wilkes-Barre city councilwoman, was brand new to the election office when she started as deputy director in July. One month later, her boss was out the door, having served only eight months himself. With the midterms just around the corner, Gilbert McBride was temporarily promoted.

Last week, however, the County Council announced one change it hopes will put county elections back on track: another new elections director, with Gilbert McBride returning to the deputy position.

Luzerne’s high turnover in elections leadership began in 2019 when Marisa Crispell, who had previously worked for the department and had experience running elections elsewhere, resigned amid ethics questions. Crispell did not return a call seeking comment.

Since then, the county has had a succession of four elections directors, plus acting director Gilbert McBride. Since the August 2020 resignation of longtime deputy director Mary-Beth Steininger, the county has also had three deputy directors.

One of those deputies, Gilbert McBride’s immediate predecessor, was Eryn Harvey, who resigned after less than a year to run unsuccessfully for state representative — and now is Luzerne’s new hire for the top elections job. Harvey did not respond to a request for comment.

An analysis of data provided by the county shows the precipitous loss of experience. During the 2016 through 2019 elections, staff in the department had a median of 17 to 22 years of service. That number fell to roughly one year of median experience in 2020 and in 2021, when the November election was administered without a formal director in place.

The November midterm election was run by a staff with a median of 1.5 years experience.

On top of the turnover in the elections department itself, the county has also gone through a number of county managers, who help oversee the department. The latest county manager, Randy Robertson, resigned in November after just six months on the job.

The turnover has led to problems.

During the 2020 election, a worker in Luzerne improperly threw out nine ballots, an incident then-President Donald Trump seized upon to sow doubt in mail voting. The U.S. attorney for the Middle District of Pennsylvania later said there was no criminal intent, and the Pennsylvania Department of State said the mistake was due to poor training.

The director had less than a year of experience at the time.

Then, during the May 2021 primary, Republican ballots displayed on voting machine screens were mistakenly labeled as Democratic. A new director and deputy director had just been hired.

In the November election that year, which was run without a formal director in place, there were errors in printed ballots that had not been caught, two flash drives with votes on them were not uploaded in a timely manner, and mail ballots were sent out very late.

In April 2022, more than 300 ballots were delivered late during a special election, though the Department of State took the blame for that error.

Robertson did not return a call seeking comment, but in a December interview with a local newspaper he repeated his desire for the county to study the “root cause” of election office turnover, which he suggested in July could be due to pay.

Luzerne’s last four directors have been paid $64,500, which is the lowest salary compared to peers in similarly sized counties in the U.S., according to a 2022 survey of local elections officials by Democracy Fund and the Elections and Voting Information Center at Reed College.

Robertson also noted that the home rule structure has caused issues.

In most Pennsylvania counties, elected commissioners also sit on county election boards that set rules for elections, such as whether to use drop boxes. But Luzerne is different.

In 2010, the county opted for a form of government few other counties have chosen, home rule. The option allows counties to write their own charter instead of following the state’s established rules for how counties are to organize their government.

This can mean elections are overseen by two masters. One is the county board of elections, whose four members — always two Democrats and two Republicans — are appointed by the county council. Those four members then elect a fifth resident as chair.

But it is the county council which controls the election department’s budget and hires the county manager, who hires and supervises the election director.

This has often led to disputes between the two bodies, including a fracas over control in 2021, when two Republican election board members attempted to elect a chairman who was also a Republican county council member. The county’s charter expressly prohibits elected county officials from serving on the elections board, and the attempt resulted in the two board members being removed.

More recently, the council proposed prohibiting county employees or funds from being used to place drop boxes in an effort to stop their use, despite the elections board’s decision to continue using drop boxes.

“The difficulty [election directors in Luzerne] have is the council thinks you should take your direction from them, and the election board thinks you should take your direction from them, and you’re pretty much certain to make everyone unhappy at some point,” said Morgan, the former election director.

Morgan said he thinks council members feel “they get the blame” when things go wrong and so they face pressure to act, even though they don’t have the same authority their colleagues in non-home rule counties might have.

Election directors in Luzerne have sometimes had a very contentious relationship with members of the bodies overseeing them. Shelby Watchilla, a former elections director who oversaw the 2020 election and resigned shortly after it, sued the county and a council member for defamation over comments they made about her handling of the department. The case is ongoing, and the council member at the heart of the dispute resigned in January 2022 to take office as county controller.

“Number one, the pay is not worth what is demanded [and] I think that it is a hostile work environment,” said Alisha Hoffman-Mirilovich, executive director of the local progressive group Action Together NEPA.

Denise Williams, a Democrat who has been chair of the elections board since 2021, agreed that the high turnover has led to election problems, but disagreed that the county’s structure is to blame.

Moving election oversight in 2010 from elected officials into the hands of volunteer, non-elected citizens, unlike in other counties, was the right move, she said. However, there could be better coordination between the different entities on issues like equipment purchases, she said.

Asked whether this structure is causing more stress on the directors and discouraging experienced election workers from applying, Williams said elections everywhere are now under a microscope, and it is making the job more stressful.

“Is it specific to Luzerne County because of the dynamic of the elections? I don’t know — that could be a part of it,” she said. “There’s been a high turnover rate and a loss of a lot of knowledge, and when you come in and you are new and the people above you are new, that is very, very challenging.”

But, she added, “that’s the setup of the government, so anyone who applies knows what they’re getting into.”

John Lombardo, vice chair of the Luzerne County Council, also disagreed that the home rule charter was a cause of turnover but acknowledged that turnover needs to be addressed.

“I think [the cause of the turnover is] definitely because the culture in that department has become unstable, and once that happens, it is hard to right that ship,” he said. “It just continually creates this negative feedback loop.”

Lombardo, a Republican, said the council needs to have more of a say in overseeing the elections since they provided funding. He favors an amendment to the county charter to allow a council member to serve as board chair, which isn’t currently allowed in Luzerne. These types of appointments have not been an issue in non-home rule counties, where commissioners serve on the board, he said.

Conservative activists allege that the county’s history with corruption has made it difficult for residents to trust local officials’ explanations for recent election errors.

Ben Herring, an activist with a local right-wing group the Citizens Advisory of Pennsylvania — which formed in 2021 to influence school board elections and “keep Critical Race Theory out of schools” — specifically mentioned one of the state’s most infamous scandals, known as “Kids for Cash,” in which two Luzerne County judges in 2008 took kickbacks from child detention centers for sentencing children to those centers.

The incident made Luzerne synonymous with corruption for some, and residents like Herring have not forgotten. Now some residents are suspicious when things go wrong with the county’s elections, he said.

“I think if we didn’t have this history we would sway more toward this being a mistake,” he said of the Election Day paper shortage. But without answers to their questions, he said, they’re forced to wonder, “Is this some underground thing that we don’t know about or are we overthinking it?”

Herring said he believed the issues with the department go deeper than a lack of institutional knowledge, insisting there must be some type of manual or written guidance for elections’ employees to follow.

Morgan said there isn’t any such manual, but residents shouldn’t be surprised that one doesn’t exist. Morgan likened the extra work of creating a manual to firemen shining the firetruck when there are fires going on, saying that there are more urgent things to be done in administering elections.

His version of onboarding was his boss handing him a copy of the ballot for the upcoming election and saying, “Proof this.” Similarly, Morgan left little in the way of instructions for his successor, Michael Susek, the director who left when Gilbert McBride was barely 30 days into her job as deputy.

For his part, Morgan said he understands why “Kids for Cash” bred distrust. But what, he asked, could possibly be gained from a paper shortage? And how would such a conspiracy be organized? Residents need to understand that the explanations are more mundane than they imagine, he said.

While working for a congressman, Morgan often heard from constituents who thought the federal government was conspiring against them when errors with their paperwork occurred. It often resulted from misunderstanding how government works — and an almost comical overestimation of government’s ability to orchestrate complicated efforts.

“I’d say, ‘Let me remind you of something, we are required by law to conspire to deliver the mail, and how are we doing?’ ” he said.

Of course, so far, no one has explained exactly what led to the paper shortages.

District Attorney Sam Sanguedolce told Votebeat and Spotlight PA that the “bulk of the legwork” of his investigation into the paper shortage had been completed and he expected to have a report soon, though he did not offer a timeframe. When asked, he said it “will be determined by the results” of the investigation whether the cause of the paper shortage was human error.

Now that the county has hired a new election director, Lombardo would like to bring in an outside consultant, perhaps from the County Commissioners Association of Pennsylvania, to study the department.

“Hopefully,” he said, “that will give us the secret sauce to make changes and have progress there.”

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

Pennsylvania county begins state’s largest hand recount of the 2020 election — here’s how it’s going

Update, 4:45 pm, Jan 9: Lycoming County counted 23,486 ballots on the first day of its hand recount of the 2020 presidential election. Workers encountered no major problems, only minor discrepancies in the numbers of ballots expected to be contained in some batches. At a rate of 49.4 ballots counted per minute, the county should finish tallying votes from the approximately 60,000 ballots by Wednesday or Thursday, though it is unclear when the complete results will be announced.

More than two years after the last ballot was cast in the 2020 election, Lycoming County plans to recount all presidential votes by hand — an extraordinary step no other Pennsylvania county has taken.

County commissioners ordered the recount under pressure from activists associated with an election conspiracy group and against the advice of the local election director, who told proponents it would be a poor use of resources and unlikely to show the fraud they feared.

The county will begin the recount of roughly 60,000 ballots Monday in a labor-intensive process that could last as long as three weeks and cost tens of thousands of dollars.

Audit the Vote PA and similar groups that promote baseless conspiracy theories about elections have argued for hand recounts and forensic audits across the state, though those efforts have largely failed. York County agreed to hand-count three precincts in last year’s election, and Butler County performed a smaller hand recount of the 2020 election.

But the push for a broader review picked up traction in Lycoming, a largely rural county of slightly more than 100,000 people in north central Pennsylvania, best known for hosting the Little League World Series every summer. A petition calling for the recount was signed by 5,000 people, something that didn’t happen in other counties.

Forrest Lehman, the county’s election director, doesn’t think the recount will convince election skeptics to trust the process.

“I think there’s 5,000 people out there who signed a petition indicating at least some level of mistrust or misunderstanding on how our elections works and I think at some level that will always be there,” he said.

The push for the recount began after the 2020 election, according to a lawsuit filed against the county by the Lycoming County Patriots as well as a statement from local Audit the Vote PA volunteer and lawyer Karen DiSalvo.

Former U.S. Army Captain Seth Keshel, a well-known figure in election denial circles, released a report claiming that President Joe Biden’s strong performance in places like Lycoming County suggested fraud.

He cited growing Republican registration and dwindling numbers of Democrats, and compared that to the fact that Biden received 30% more votes in 2020 than Hillary Clinton did in 2016.

Experts have repeatedly said such trends are not indicative of fraud.

Registered Democrats and Republicans can decide to cast ballots for candidates from other parties. On top of that, turnout for all voters across the U.S. was high in 2020, and Biden’s total in Lycoming was less than the number of registered Democrats in the county. Former President Donald Trump also gained a greater number of votes relative to Republican registration.

But some people were nevertheless skeptical. Last winter, DiSalvo led a group of Audit the Vote PA volunteers in a door-to-door canvassing effort, searching for evidence of fraud.

Nearly half of surveyed houses, the volunteers claimed, had “anomalies” such as people saying they voted but having no vote recorded or more voters registered to an address than occupants. But the group has not released its raw data, and a similar effort by Audit the Vote in Lancaster County failed to ask basic questions, such as whether the person surveyed at a residence had actually been registered at that same address in 2020.

DiSalvo’s group then circulated a petition asking the county for 10 elections-related concessions that together represented a radical overhaul, including ceasing the use of electronic vote-counting machines, conducting a forensic audit of the 2020 election, and performing a hand recount.

Lehman repeatedly pushed back against the arguments DiSalvo and others made.

“I don’t believe anything presented here today currently justifies the extraordinary request to recount a two-year-old election,” Lehman said at a June meeting, according to a local news report. “No one was entitled to a specific outcome in the presidential election based on what voter registration totals or polling data might’ve suggested to them.”

The petition for a recount eventually amassed roughly 5,000 signatures, and in October the county commissioners voted along party lines to go ahead.

In an interview with Votebeat and Spotlight PA this week, Lehman said that, because there was no precedent for such a hand recount in the state, he had to “invent the wheel, basically.”

Forty county employees will participate, divided into 20 teams of one counter and one recorder each.

Ballots will be divided into roughly 180 batches based on ballot type, such as in-person, mail, or provisional. Teams will count one batch at a time, with batches ranging in size from one ballot to 1,400. The teams will only recount the presidential and the state auditor general races.

Recorders will use a tally sheet to record marks for each candidate choice, overvotes, or write-in that appears on the ballots.

“If that sounds inelegant, it’s because there is no real elegant way to do a hand count,” Lehman said. “You’re taking a process that is automated and making it analog.”

The count will be overseen by party representatives and open to reporters. DiSalvo said she is scheduled to watch parts of the count.

Lehman said he is hoping to complete the bulk of the work in one week, but the count is scheduled to continue through Jan. 31 if needed.

The commissioners have estimated the recount will cost roughly $55,000, and Lehman said he will be tracking expenses.

Experts, academics, and local officials, including Lehman, have repeatedly pointed out the inaccuracy of hand recounts, which introduce more potential for human error than machine counting. Lehman also noted that the county already performs audits after each election to ensure accuracy.

“I believe there is no way this hand count will be as accurate as the voting equipment,” Lehman said, stressing that the recount is unlikely to change the results. Small shifts, however, are possible for several reasons.

First, when election workers collected and counted the voted, unvoted, provisional, and other ballot types at the end of election night, they may have slightly miscounted the amount in each batch, and small errors like this are often discovered during recounts.

Also, humans and machines will interpret marks on the ballot differently. A mark that crosses between two candidates’ bubbles may trigger debate over the voter’s intent.

When this occurs, voter intent is determined by a team of bipartisan observers.

Finally, there is simple human error. If a volunteer gets distracted while counting a large batch of ballots, they may lose track of which ballots have or haven’t been counted, but Lehman said he has worked to minimize potential distractions.

Lehman is unsure about whether the recount will satisfy skeptics. The Lycoming County Patriots are suing the county claiming the commissioners are obligated to comply with all 10 of their requests, not just the recount.

“This hand count is one piece of the puzzle,” DiSalvo said in a statement. “We have paper ballots for a reason. We want to see if the paper ballots match the machine counts reported.”

In response to a follow-up question about whether she thought the recount would assuage concerns, DiSalvo said she didn’t expect the findings to be off by more than a few votes. She said rebuilding trust in the local process is the ultimate goal.

Lehman said the country’s approach to election technology has shifted over the years, moving toward fully electronic voting systems in the early 2000s and then, in recent years, shifting in the other direction. Lehman thinks the current balance between technology and manual work is about right, but he recognizes that not everyone will be convinced.

Still, “we’ve got to find a way as a country to get away from where we are now,” he said. “It’s OK for people to not be OK with the outcome of an election, but it’s not OK to have the conversation we are having right now. It’s not OK to only trust elections when your candidate wins. That is extremely corrosive.”

Carter Walker is a reporter for Votebeat in partnership with Spotlight PA. Contact Carter at cwalker@votebeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.