A Pennsylvania court ruled 6-1 that the Secretary of State has the authority to prevent “unauthorized third party access” to voting machines, with the risk of decertification for counties that do not comply. The ruling came after two Republican county commissioners in Fulton County allowed Wake Technology Services Inc. to examine and obtain data from Dominion voting machines, leading to concerns about compromising security. The Department of State issued a directive against such third-party access, resulting in the decertification of Fulton’s machines. Fulton County, along with the Republican commissioners, sued the Secretary of State over this issue. The court determined that the Department of State does not have to reimburse counties for decertified machines.
The majority opinion stated that while county election boards have broad authority over voting machines, state lawmakers have amended election laws to give the Secretary of State a role in ensuring statewide consistency and safety regarding electronic voting systems. The balance of power between the state and local entities in elections and voting equipment is essential for protecting and providing free, fair, and secure elections. The court emphasized the importance of counties heeding the Secretary’s directives while fulfilling their own powers and duties related to elections. This decision reinforces the Secretary of State’s ability to maintain the security of voting systems and prevent unauthorized access that could undermine confidence in Pennsylvania’s elections.
The Department of State expressed satisfaction with the court’s ruling, stating that the administration is committed to ensuring free and secure elections in Pennsylvania. The decision affirms that the Secretary of State is empowered to safeguard voting systems from unauthorized third parties that may seek to undermine confidence in the state’s elections. Fulton County, through its chief clerk Stacey Shives, declined to comment on the court’s decision. Messages seeking comment from Fulton County’s lawyers were left unanswered. The county, located in rural central Pennsylvania with a population of 15,000, allowed outside inspections of the voting machines in an attempt to investigate alleged election fraud following Donald Trump’s baseless claims of fraud in the 2020 election.
The dispute over third-party access to voting machines led to Fulton County replacing the decertified machines that were impounded during the legal battle. The county heavily supported Trump in his presidential campaigns, leading to heightened scrutiny and efforts to find evidence of election fraud. One of the Republican commissioners involved in the decision to allow outside access is no longer in office. The court’s ruling reinforces the authority of the Secretary of State to regulate access to voting machines and ensure the security and integrity of elections in Pennsylvania. The decision highlights the importance of maintaining trust and confidence in the electoral process by preventing unauthorized tampering with voting equipment.
