PITTSBURGH – Litigation brought just last week by an Allegheny County councilman and four County citizens and voters against the County Executive, the County Board of Elections and the County itself over the proposed implementation of five mail-in ballot drop-off sites for next month’s primary election, looks to soon be amicably resolved.
Samuel DeMarco III (in his official capacity as an At-Large Member of the Allegheny County Council and Allegheny County Board of Elections), David J. Majernik, Todd W. McCollum, Robert C. Howard Jr. and Karen L. Kralik filed suit in the Allegheny County Court of Common Pleas on March 14 versus Sara Innamorato (in her official capacity as County Executive and a Member of the Allegheny County Board of Elections), the Allegheny County Board of Elections and Allegheny County.
Last month, Innamorato, a Democrat, announced plans to open five ballot drop-off locations on the weekends before the April primary election, but DeMarco and his co-plaintiffs alleged Innamorato first had to obtain approval from the other members of the county’s election board – which are Allegheny County Councilwoman-At-Large Bethany Hallam, a fellow Democrat, and DeMarco himself, a Republican.
Innamorato’s proposal was to add five staffed locations where voters could drop off mail-in and absentee ballots at the Carnegie Public Library in Squirrel Hill, the 911 Call Center in Moon Township, the North Park Ice Rink, the South Park Ice Rink and Boyce Park Four Seasons Lodge, both for the primary election and potentially, the general election next November.
However, the plaintiffs maintained that Innamorato had done this unilaterally, without securing approval from the Board of Elections – and thus, abiding by state election code – and without holding any public meetings on the subject, in contravention of the Sunshine Act.
Hallam had initially expressed concerns over Innamorato’s proposal.
“It’s very clear from the [prior] Department of State guidance [on mail-in ballots] that this is a decision to be made by the Board of Elections, yet we haven’t even met this year. We absolutely need to be making that decision as a Board – not with one member of the Board unilaterally making Board decisions,” Hallam said in a statement, which was cited in the suit.
However, on Monday, counsel for all parties submitted a consent order which would serve to both amicably resolve the dispute and dismiss the case in its entirety – subsequent to a public meeting of the Board on Wednesday, where Innamorato’s plan will be discussed and voted upon.
“The parties confirm that for the 2024 Primary Election, as well as for all future elections, the issue of ballot return sites and/or satellite voting sites has been and continues to be within the scope of the Pennsylvania Elections Code Sections 2641, 2642 and 2643. As such, decisions on these issues can only be made upon a majority vote of the members of the Allegheny County Board of Elections, on a per election basis,” the consent order read.
“The Board shall consider the above-mentioned agenda item of ballot return sites and shall conduct discussion, entertain motions to adopt or amend the Resolution at the duly advertised March 20, 2024, meeting. Immediately upon conclusion of the Board’s March 20, 2024, meeting, scheduled for 11:30 a.m., regardless of the outcome of Board action on this or any other issue, plaintiffs shall dismiss the above-cited action.”
Prior to the agreement of a consent order, the plaintiffs had initially been seeking declaratory judgment that the move to implement satellite election offices for this year’s elections was unauthorized and violated both Pennsylvania Election Code and the Sunshine Act, a preliminary injunction preventing any such implementation without a majority vote from the Board and a public meeting, attorney’s fees, costs, such other and further relief as the Court deemed just and appropriate.
The plaintiffs are represented by Kathleen A. Gallagher and Brian M. Adrian of The Gallagher Firm, in Pittsburgh.
The defendants are represented by County Solicitor Rosalyn Guy-McCorkle and Assistant County Solicitors Allan J. Opsitnick and Lisa G. Michel, all of the Allegheny County Law Department, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-24-003062
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com