Court hearing on mail ballot drop boxes cancelled

A Monday morning court hearing about Luzerne County mail ballot drop boxes was cancelled as county Manager Romilda Crocamo agreed to provide the boxes for the Nov. 5 general election.

The hearing in the county Court of Common Pleas had been scheduled to consider an injunction request filed by the American Civil Liberties Union of Pennsylvania and local law firm Borland and Borland seeking immediate restoration of the four drop boxes.

Filed on behalf of three mail ballot voters and the nonprofit In This Together NEPA, the litigation asserted the county manager must comply with the election board’s directive to provide the boxes for the Nov. 5 general election, as in past elections.

Crocamo has maintained she had authority to cancel the boxes due to safety and staffing concerns because she oversees county workers and property.

Crocamo announced Friday night she reversed course in response to Pennsylvania Attorney General Michelle A. Henry’s letter informing her the county election board has sole authority over the deployment of drop boxes under the state’s election code.

“Should you fail to comply with a lawful instruction or order, the Board of Elections could take action, including filing a civil mandamus action to compel performance,” Henry’s letter said. There are also potential criminal consequences for failing to comply, Henry wrote.

Crocamo said Friday evening she “still has grave concerns about the drop boxes” but would comply with the board’s standing resolution requiring the four boxes with video surveillance, as provided in the past.

The plaintiffs subsequently entered into a stipulation agreement with Crocamo, prompting the court to dismiss the case Monday.

According to the stipulation agreement between Crocamo and the plaintiffs, while Crocamo “expressly denies that she is under any legal obligation to deploy ballot drop boxes,” she has agreed to immediately deploy them in accordance with a past election board resolution.

The boxes were in the Wright Manor senior living facility in Mountain Top, Misericordia University’s Passan Hall in Dallas and two county-owned properties — the Broad Street Exchange in Hazleton and Penn Place Building in Wilkes-Barre.

“Nothing in this agreement shall preclude county, municipal or state law enforcement officials from carrying their duties to protect public safety, even if that means access to a drop box is temporarily curtailed,” it said.

Crocamo said the boxes at the two county-owned properties have been deployed with video surveillance, and the county was awaiting determinations from Wright Manor and Misericordia University on whether boxes can be placed at their sites.

Information on the drop boxes and the hours they are available has been posted on the election page at luzernecounty.org.

Responses to the decision

Crocamo’s legal counsel — Attorney Mark E. Cedrone, of Saxton & Stump in Philadelphia — reiterated Crocamo is abiding by the attorney general’s advice.

“As the conscientious, responsible public servant she endeavors to be, Ms. Crocamo has chosen to avoid, at least for now, a sideshow over the respective powers of the county executive and the majority of the volunteer county election board,” Cedrone said.

Crocamo remains concerned about the security, manpower and fiscal issues associated with drop boxes, he added.

“Although her concerns over security derive from multiple credible sources, including the United States Department of Homeland Security, Ms. Crocamo sincerely hopes her concerns remain hypothetical,” Cedrone said. “However, should security issues arise, Ms. Crocamo is committed to assuring the safety of Luzerne County residents as well as the integrity of the voting process and will undertake all steps necessary to assure the protection of the public.”

The county election board is scheduled to vote on two matters related to the drop boxes at its Wednesday night meeting.

Election Board member Rick Morelli, a Republican, proposes eliminating the boxes for the upcoming election due to security concerns Crocamo had presented in a closed-door executive session. Board Vice Chairwoman Alyssa Fusaro, the other Republican on the board, has said she concurs with his recommendation. The board’s three Democratic majority members — Chairwoman Denise Williams and members Albert Schlosser and Daniel Schramm — have said they remain in support of keeping the drop boxes.

In the second related matter before the board Wednesday, Williams is proposing additional security measures that include manning of the drop boxes and the daily removal of ballots. Even if the additional measures are not approved, Williams has stressed she is comfortable with the existing 24/7 video surveillance of boxes and other current protocols that conform with Pennsylvania Department of State guidelines.

Wednesday’s election board meeting is at 6 p.m. in the county courthouse on River Street in Wilkes-Barre, with remote attendance instructions posted under council’s authorities/boards/commissions online meeting link at luzernecounty.org.

Beth Gilbert, In This Together NEPA’s voting and elections manager, issued a press release Monday morning celebrating the restoration of drop boxes.

“This is a huge victory for Luzerne County voters,” said In This Together NEPA Executive Director Alisha Hoffman-Mirilovich. “We applaud the Luzerne County Board of Elections for making drop boxes accessible in Luzerne County since 2020, and we applaud the county manager for reversing course in the best interest of voters throughout the county.”

Hoffman-Mirilovich thanked the ACLU of Pennsylvania and local ACLU cooperating legal counsel Joe and Sarah Borland “for resolving this matter so expeditiously.”

“The speedy resolution will allow voters to begin using drop boxes as soon as ballots are available,” she said.

County Election Director Emily Cook has said voters should start receiving mail ballots by the end of this week. Approximately 33,000 mail ballot requests have been approved to date.

Gilbert’s release said Crocamo’s “abrupt” Sept. 18 announcement weeks before the election “undermined the rights of voters,” “bypassed” the county election board and “raised serious concerns about the overreach of unelected county administrators.”

“Drop boxes have served as a critical resource for those unable to return their ballots through the mail in time for them to be counted,” the release said, describing the drop box restoration as a “big win for seniors, individuals with disabilities, working parents and those in rural areas.”

In This Together had hand-delivered a petition with more than 300 signatures from voters in support of the drop boxes, it said.

“This agreement will also reduce voter confusion,” Gilbert said in the release. “With just weeks to go before election day, voters are making their voting plans and should have the option to do so by using drop boxes just as they have since 2020.”

Jenny Wilczak, a Wright Township voter and plaintiff in the case, said in the release she is preparing for major surgery and unable to vote in person, describing the decision as a “huge relief.”

“I’m grateful that voters like me will still have the option to participate in this election without unnecessary barriers. Drop boxes aren’t a luxury. They’re a lifeline,” Wilczak said in the release.