The Republican National Committee dropped a preliminary injunction request brought against Montgomery County, although its lawsuit remains ongoing.

The RNC released a statement, saying that it filed suit after it learned that count Commissioner Neil Makhija, and Election Board chair, posted to social media that he had cast the first vote in the state, the day after the Secretary of State Al Schmidt announced the ballot was finalized.

County officials had tested a ballot that they believed would be certified on Sept. 10, the RNC said.  They admitted they performed more thorough testing on Sept. 23, after the RNC filed its lawsuit. But the county mailed out ballots before that.

“Why the rush to send out the ballots before then? We are still investigating so this does not happen in the next election,” the RNC said in its release.

“Election officials must be held accountable, and that’s exactly what we’ve done in Montgomery County. Rules, safeguards, and laws are critical to ensuring there are no holes in the system that undermine voters or election integrity. We have verified the facts, confirmed that the illegally sent ballots will be cast and counted properly, and protected early voters in the Keystone State,” said RNC Chairman Michael Whatley.

Each county runs its own election. Counties test ballots prior to providing them to voters to make sure the ballots will be properly counted.  Testing includes ballot format, layout, paper, and ability to be scanned.

“Only after the RNC filed a lawsuit did the County admit what we suspected– they did not perform Ballot Accuracy Testing between the time that the Secretary certified the ballot on September 16, 2024 and when Commissioner Makhija voted,” the release said.

Megan Alt, a spokeswoman for Montgomery County accused the RNC of lying in its press release.

Montgomery County is proud of the excellent work our voter services team did to provide our residents with ballots on time. We are already seeing some of the highest return rates in the Commonwealth for voters of all political parties.

“The RNC’s press release is completely false and only serves to cast unwarranted doubt on the County’s elections processes. As the Pennsylvania Department of State said, the suit was frivolous from the beginning, and the RNC continues to misrepresent the issues and facts. Montgomery County informed the Court of its ballot preparation and L&A [logic and accuracy] processes, which we and the Department of State had already recognized complied with all legal requirements.

“In response, the RNC dropped their request for a preliminary injunction, confirming what the county and Department of State had already said,” said Alt. “The county did not admit to any wrongdoing; instead, we reaffirmed that we have and will continue follow all the necessary guidance. The RNC’s statement is just another disingenuous attempt to undermine Montgomery County’s safe, secure, and accessible election.”

The RNC said, “Montgomery County risked providing voters with ballots that would not be counted correctly, all so the Chair of the Montgomery County Board of Elections could claim to be the first voter in Pennsylvania on social media. Commissioner Makhija may be willing to take chances with your vote – but the RNC is not.”

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