Public hearing set for proposed Luzerne County drop box ordinance

Luzerne County Council has scheduled a public hearing at 5:45 p.m. Tuesday on a proposed ordinance prohibiting the use of county staff or resources to transport mail ballot drop boxes to sites approved by the county’s independent election board, according to an online calendar.

Public hearings are required before council votes on ordinances. A vote is expected during the meeting held immediately following the public hearing.

Election Board Chairwoman Denise Williams sent several communications to the county law office in recent weeks requesting an opinion on the legality of the proposed ordinance, saying it could violate a no-interference clause in the county’s home rule charter by impeding the election board’s decision and directing county staff involved in elections.

Contacted Wednesday, county Chief Solicitor Harry W. Skene said he cannot comment on his office’s discussions with council and the election board regarding the matter because they are confidential privileged communications.

Williams also declined any further comment on the issue Wednesday, referring questions to the county law office.

If passed, the ordinance sets council up for one or more potential lawsuits, putting county taxpayers on the hook for the cost of legal fees, Williams has said. Skene also has publicly acknowledged there is a strong chance the county would be sued if the ordinance is enacted.

One potential scenario is a suit between the election board and council, which would create a conflict for the law office representing both and result in the need for each to obtain separate outside legal counsel.

County officials have not disputed that the volunteer citizen election board has authority to decide whether drop boxes are used here.

Through election board votes, the county had one drop box inside the county’s Penn Place building in downtown Wilkes-Barre in the November 2020 election and has gradually expanded to five, with the others inside the Pittston Memorial Library, Hazleton City Hall, the Wright Township Volunteer Fire Department and Misericordia University in the Back Mountain.

The proposed ordinance says the county shall not “permit, utilize, fund or compensate any county employee, contractors, third party or any nonprofit groups to logistically move” any drop boxes for county elections.

It does not specify any prohibition for county sheriff deputies or other workers to continue collecting ballots deposited inside the boxes and transporting those ballots to the election bureau.

County Councilman Stephen J. Urban, the ordinance author, has publicly stated election board members could move the boxes themselves or hire their own employees to deliver the drop boxes if the ordinance passes.

When a council majority of six voted to introduce the ordinance on Aug. 9, Urban maintained council has the right to collectively set policy, like a board of directors. He expressed concerns about the drop boxes and asserted “our only mechanism as council is to pull away our resources.”

Councilman Brian Thornton, who is among the ordinance supporters, argued council members have statutory authority to decide how county funding is spent. Thornton said he would be “hard-pressed to think any judge in the land” would rule against legislators who decide against funding drop boxes that are optional and not mandated by law.

“For the judge to say we are required to expend public funds to support that voluntary effort I think is a stretch and is a reach,” Thornton said during the Aug. 9 meeting.

Councilman Tim McGinley, who voted against the ordinance introduction, argued the action would tie the hands of the county manager in overseeing day-to-day operations and create a liability issue with election board members and possibly volunteers transporting the county-owned, mailbox-style boxes to board-approved locations.

“The charter is very clear. Council cannot be involved in day-to-day operations,” McGinley said.

The ordinance was introduced by Carl Bienias III, Kevin Lescavage, John Lombardo, Thornton, Gregory Wolovich Jr. and Urban. In addition to McGinley, Council members LeeAnn McDermott, Matthew Mitchell and Chris Perry voted against the introduction. Council Chairwoman Kendra Radle was absent on Aug. 9.

Tuesday’s public hearing will be at the county courthouse on River Street in Wilkes-Barre, with instructions for remote attendance posted under council’s online meeting link at luzernecounty.org.