Montgomery County Commissioner and County Election Board chair Neil Makhija took a picture of himself last Tuesday with an “I voted” sticker, saying, “Happy Election Day! This morning, I cast the first 2024 General Election ballot in the Commonwealth of Pennsylvania!!” Makhija posted it to X.
Not so fast, said the Republican National Committee.
Those ballots, including the one used by Makhija, are being used in violation of a law that requires comprehensive testing first.
The RNC responded by suing Montgomery County.
“I write concerning the commencement of mail and absentee ballot voting in Montgomery County yesterday without statutorily required Logic and Accuracy Testing and in defiance of the March 7, 2024, Directive1 on Logic & Accuracy Testing from the Pennsylvania Secretary of State, including the notice requirements,” wrote RNC lawyer Linda Kerns.
“Montgomery County Election Officials immediately cease the distribution of all mail and absentee ballots until the satisfactory completion of all mandated testing. Any and all mail and absentee ballots distributed thus far must be immediately segregated upon return so that arrangements can be made to count these ballots by hand.”
RNC Chairman Michael Whatley called it “an unacceptable breach of election integrity.”
“Pennsylvania voters deserve to know why these ballots were distributed without testing and be assured Montgomery County is counting them properly,” Whatley said.
The RNC has filed a motion for a preliminary junction as well. It asks the Court of Common Pleas to order all “respondents/defendants and anyone acting on their behalf are enjoined and precluded from sending or receiving any and all ballots for the 2024 general election until further order of the Court.”
“Notwithstanding the clear requirements of the Election Coe and the Directive, defendants have commenced the 2024 general election in Montgomery County without completing the L&A testing required by the Election code, the L&A testing required by the Directive and, upon further information and belief, have not certified for the Secretary [of State] they have done so,” the suit said.
And it also demands any completed ballots that were distributed but not subjected to properly noticed logic and accuracy testing to be segregated from the rest of the ballots cast.
Megan Alt, a spokesperson for Montgomery County, called the RNC allegations “baseless.”
“Montgomery County completed ballot acceptance testing before any ballots were printed. Ballot acceptance testing ensures that marks on ballots can be accurately and efficiently scanned by the high-speed scanners once voters return the completed ballots,” Alt said.
“The county then completed its logic and accuracy testing of the central scanners that will be used in the precanvass and canvass of mail-in ballots. Once the central scanners’ logic and accuracy testing was completed, Montgomery County began to deliver mail-in ballots to the post office. Logic and accuracy testing for the precinct-level scanners used for the in-person portion of the election is ongoing.
“Montgomery County is fully complying with the Pennsylvania Election Code and Department of State directives. The 115,000 Montgomery County voters who have requested mail-in ballots already will receive those ballots soon. Montgomery County encourages all qualified electors to make their plans for voting in the 2024 General Election and exercising their franchise.”
Speaking before a campaign event Friday for Sen. Bob Casey (D-Pa.), Makhija defended his county’s election process and attacked the RNC.
“Montgomery County has had the highest voter turnouts in the state of Pennsylvania, one of the highest rates in the country. We’re actually working so that Montgomery County has a safe and secure successful election, in spite of challenges, in spite of intimidation.
“We took a number of actions just this past few weeks to expand and double our drop boxes and satellite offices, and last night, the RNC made its first draft, putting Montgomery County in their crosshairs.
“I’m here to tell you, no matter what happens, I’m here to tell you every resident of Montgomery County is going to have access to the ballot and confidence that their vote will be counted and our election will be certified,” said Makhija.
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