DV Journal

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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Montgomery County is sporting Pennsylvania’s first mobile Voter Services satellite office. It recently made its first stop at the Abington Township Fall Festival in Crestmont Park.

But some Montco Republicans fear it was just the first stop on a taxpayer-funded ballot harvesting tour designed to help Democrats hold onto power.

Montgomery County Commissioner Neil Makhija, chair of the Board of Elections, said, “The Montgomery County Voter Services Mobile Outreach van is the first of its kind in Pennsylvania. It’s one of several steps we’re taking to make this election more accessible than ever. We’ve doubled our secure ballot drop boxes opened more satellite voter services offices than ever, and now this mobile satellite office can reach more people where they already are. Our goal is to increase voter access to the information and tools they need to participate in our democracy.”

The mobile voter services satellite office provides the same services as a regular satellite office, officials said. Citizens can register to vote, update their registration, request a mail-in ballot and return their completed ballot at the voter services van. They can also drop ballots off at any voter services office location across Montgomery County. It is scheduled to travel to various senior communities and public events in the weeks leading up to the Nov. 5 election. The last day to register to vote in Pennsylvania is Oct. 21.

“The voter services van will help us make sure that every eligible voter in Montgomery County has the chance to cast their ballot this general election,” said County Commissioners Chair Jamila H. Winder, vice chair of the Board of Elections. “We can especially reach people in places where accessibility challenges make it harder to visit a voter services office, such as senior facilities and community centers. We’re also able to connect directly with voters at festivals and public events. Wherever the community gathers, we aim to get out there to make sure people are informed and ready to vote this election.”

Both Winder and Makhija are Democrats. Minority Republican County Commissioner Tom DiBello voted against the mobile Voter Services van.

“I call it the ice cream truck of ballot harvesting,” said DiBello, who added he is uncertain that it’s legal. Furthermore, the new van cost the county $143,000, he said. He noted it is going to areas with more Democratic voters to register people.

Abington Township Republican Organization Chair Joe Rooney echoed those concerns.

“Is it targeting Democratic voters? Or is it going to churches and gun shows?” Rooney asked. Rooney is also concerned about the security of ballots left with the van.

And Rooney said the van is just the tip of the iceberg. The county has dispensed with guards at drop boxes, which it previously agreed to because of an Upper Dublin incident where a woman was seen stuffing multiple ballots into a drop box, and officials increased the number of drop boxes. Rooney, a Republican candidate for state representative for District 153 Abington, Upper Dublin and Rockledge, has watched the drop boxes and seen people depositing more than one ballot [the limit is one] and someone with a car with a New Jersey tag depositing a ballot.

He’s also concerned some drop boxes are not in well-lighted areas and voters could become the victims of crime. He pointed out Abington has had some serious incidents recently, with a woman attacked at a laundromat and another woman followed home from a casino by a would-be robber who was shot before he was arrested.

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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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In a recent podcast interview, Montgomery County Commissioner Neil Makhija, who chairs the county Election Board, discussed participating in a voting roundtable hosted by Vice President Kamala Harris.

Harris said the federal government is going to make it easier to register to vote. One change is to hire college students through the work-study program to register voters.

At a “meeting with Voting Rights Leaders to Discuss the Fight for Voting Rights and Other Fundamental Freedoms,” as the White House labeled it, Harris touted the administration’s “work to promote voter participation for students.”

“For example, under the federal work study program, we now allow students to get paid, through federal work-study, to register people and to be nonpartisan poll workers,” Harris said.

The new policy is part of President Joe Biden’s 2021 “Promoting Access to Voting” executive order. On Monday, the Department of Education issued an advisory explaining how federal tax dollars can be used to pay students to register other students to vote. The money will be drawn out of Federal Work Study (FWS) funds.

“Voting is fundamental to our democracy, and our schools and colleges play an important role in helping our students become active participants in our democratic society,”  U.S. Secretary of Education Miguel Cardona said in a statement.

Voter turnout in Pennsylvania is up because of voting by mail, said Makhija, a lawyer who taught election law at the University of Pennsylvania.

But “there are a lot of concerns about the right to vote and voter suppression,” said Makhija. A Department of Justice task force will train local election officials in security.

People who interact with the federal government human services, Social Security, and parks will be given material about how to register to vote in their state.

“The final piece that I’m really excited about is they changed the federal work study guidelines so that if you’re a student, and you’re on work study, you will be be able to get paid for working as a poll worker or working in a capacity registering voters. So this is great. Because we want young people to vote and we want young people to participate early,” said Makhija.

“We in Montgomery County are going to take extra steps with our 20 or so colleges to encourage young people and even get paid for it through work study, to participate, to serve as poll workers and to really be part of that bedrock of our Democratic process.”

Some of those students will be getting federal tax dollars to help create even more registered voters in  Democrat-dominated towns.

DVJournal asked Makhija about fears that partisan politics may be at play in the bid to pay college students to register voters. DVJournal noted the Swarthmore precinct where the students cast their ballots voted 85 percent for the Democratic presidential candidate in a state that the president carried by 1 percent.

“So, a Democratic White House is going to use taxpayer’s dollars to have college students register voters and work at the polls?” DVJournal asked.

Makhija said it will be “a whole of government process to enfranchise everyone…fighting for voting rights for everyone. We want to make sure that people in nursing homes (and) people with disabilities have a chance to vote by mail. All of these steps we can take to make sure that everyone has a chance to make their voice heard.”

Not everyone thinks paying college kids to register new voters is a good idea.

“While we support involvement in the political process, we do not support taxpayer-funded electioneering. This is another example of Democrats trying to stack the deck because they know they are playing a bad hand,” Pennsylvania House Minority Leader Bryan Cutler (R-Lancaster) said.

“If Democrats, both nationally and in Pennsylvania, stopped obstructing comprehensive election reform changes, they would be encouraging more people to voluntarily participate in the election process rather than improperly expending taxpayer resources to cajole unenthusiastic participants to work for their electoral benefit,” said Cutler.

In nursing homes, residents are vulnerable to voter fraud, such as in an instance where a woman who never voted before suddenly cast a mail-in vote from her Delaware County nursing home. And while many officials like to downplay the possibility of voter fraud, especially with mail-in ballots, a recent Heartland Institute poll showed one in five people who they asked admitted taking part in some variation of mail-in voter fraud.

In Chester County, a group of citizens double-checked the voting rolls, finding a plethora of people who were registered to vote but had moved or given the address of an office building or other improbable location.

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