SCRANTON - Luzerne County admits voters couldn't cast ballots through no fault of their own during the 2022 election in a settlement presented in Scranton federal court on Oct. 15.
William French and Melynda Anne Reese were left unable to vote when the county ran out of paper ballots. They sued in 2023. French had tried that morning but his polling place in Freeland was out of ballots.
He then returned at 3:30 p.m. but there were still no ballots. He and Reese alleged violations of their constitutional rights and of Pennsylvania Election Code.
The sides traded briefs this May. Luzerne County said violations of state election law do not provide federal constitutional claims except in unusual circumstances. It also said all voting precincts extended their hours that day to 10 p.m.; however, the lawsuit said repeated trips to vote for the two plaintiffs were impossible for various personal reasons.
"(I)t is regrettable that plaintiffs did not vote in the Nov. 8, 2022, election," the county's lawyers wrote, though they said long lines and personal issues could be blamed rather than the paper ballot shortage.
About 40 of the county's 170 polling locations were impacted by the shortage. The plaintiffs sought judgment their First and 14th Amendment rights were violated, plus an injunction that prevents Luzerne County from ever severely burdening the right to vote.
It all culminated in the settlement now on the desk of Judge Malachy Edward Mannion. Though defendants rarely admit wrongdoing in settlements, this one is different.
"The ballot paper shortage on Nov. 8, 2022, needlessly disrupted administration of the election and was not an adequate discharge of County officials' duties to ensure, as nearly as possible, the seamless administration of the election," it reads.
Terms of the settlement include:
-Finalization of election-related policies and procedures consistent with state and federal law, with requirements for ballot paper, stocking reserve supplies and supplying sufficient ballot paper;
-Continuation of orders of 80 pounds of ballot paper (a recommendation of Dominion Voting Systems) after every completed election;
-Retention of Timothy Gates of Myers, Brier & Kelly to revise policies and train personnel;
-Training and orientation for county election officials; and
-$30,000 to the plaintiffs and their lawyers.
Though the language at the top of the agreement acknowledges the faults in Luzerne County's 2022 Election Day, the settlement includes that it admits to no liability.
The county's district attorney in 2023 blamed the lack of paper on a lack of training and employee turnover.
The county is wrapped up in another Election Day case that was recently decided by the state Supreme Court. That ruling concerned an incredibly tight state House of Representatives Republican primary.
Luzerne County returned several dozen provisional ballots in the race between Jamie Walsh and Mike Cabell, and the two argued in court over which should have actually been counted.
It should be noted that recent figures show the county now has more Republican-registered voters than Democrats, for the first time since 1968, according to WVIA News.
The Center for Election Confidence supported the voters' case against Luzerne County.
“Although rather late to the table, we are thankful Luzerne County officials finally came to an agreement to ensure they provide a fair voting process for all lawfully eligible American citizens in their voting population,” said CEC Executive Director Lisa Dixon.