DV Journal

Commissioner Diane Ellis-Marseglia, we thank you. On behalf of those of us who support the rule of law, and those of us who were trying to get Pennsylvanians—and even our fellow Americans—to pay attention to the games being played by Bob Casey and his activist lawyers, we sincerely thank you.

After the multi-year, multi-billion dollar campaign ended on Nov. 5, voters were exhausted. Most people wanted a break from politics—many activists, too. There was still vote counting to be done—lawyers’ never-ending ballot challenges; election board hearings; and, appeals over mail-in ballots’ signatures and dates (or, lack thereof), machine errors and, the now infamous “provisional ballots” issued on Election Day.

Who but the nerdiest of election nerds, lawyers, or activists pays attention to that dull, drawn-out process? No one. But, not any more. Thanks, Diane!

As Bob Casey’s lawyers—who parachuted in from D.C. and across America—were making illogical and illegal arguments across our state, especially before Democrat-run Boards of Election (aka County Commissioners) in Allegheny, Montgomery, Centre, Philadelphia, and in Bucks County, Dave McCormick’s supporters and attorneys were trying to get the legacy media, and their GOP colleagues across Pennsylvania to notice. They were trying to get the RNC and the Trump-Vance team to notice.

And, then…Commissioner Diane Ellis-Marseglia, sitting high-atop her commissioner’s chair, atop her ruling dais, proclaimed to the audience, and everyone watching on social media, loudly, proudly and arrogantly: “We all know that precedent by a court doesn’t matter anymore in this country and people violate laws any time they want. So for me, if I violate a law, it’s because I want a court to pay attention…”

Again, thank you, Diane. You showed your arrogance, your elitism, and how out of touch many leftwing politicians have become. In her speech, she embodied the mindset that harkens back to the COVID-era: “I’m in charge and I get to make the rules.”

Now, Pennsylvanians, and most Americans know that Bob Casey is allowing leftwing activist-attorneys to make ridiculous, illogical and illegal arguments. To not only try to change the outcome of this election, but to tilt the scales for Democrats in 2026.

Ellis-Marseglia took the boring process of counting votes and arguing over the election code and brought it to light—better than any law professor and TV analyst.

Since election night, Casey attorneys have argued, with a straight face, for election boards and judges to ignore clearly-written Pennsylvania Election law. Casey’s lawyers argued for: ballots to be counted even when the “voter” isn’t registered to vote; for mail-in ballots with no voter signature; for mail-in ballots with no date or the wrong date; and, for ballots cast by voters in one county, yet they live in another.

Most county boards of election rejected these arguments—often unanimously. Some, voted to accept many of those ballots—often over the objection of the Republican Commissioner.

But, Diane must have heard what was happening in Pittsburgh and Norristown, in Philadelphia and State College—and, thought: “Hold my beer!”

She was going to accept these ballots—in violation of the statute and in clear violation of Supreme Court cases ruling that such ballots shall Not be counted. Plus, she had to give a speech to draw attention to her vote. She wanted to proclaim that she knew she was violating the law: She. Just. Didn’t. Care!

Then, the Pennsylvania Supreme Court ruled, again—this time on her actions, and those of her colleagues. They left no doubt. The Court ruled—with its share of ALL CAPS— that the ballots shall Not be counted.

Democrat Justice David Wecht of Allegheny County issued a separate opinion to underscore his frustration, quoting the late US Justice Felix Frankfurter: “If one man can be allowed to determine for himself what the law is, every man can. That means first chaos, then tyranny. The greater the power that defies the law the less tolerant this Court be of defiance.”

As they say on Twitter/X: “Boom!”

Commissioner Diane Ellis-Marseglia reminded the taxpayers of Bucks County who she is—and, what she thinks of the law, and them.

All too often, county commissioners—or township supervisors or school board members—act outside of the spotlight. We don’t notice what they do. Until…

The Chester County Democrat Commissioners and their colleagues serving as the Prison Board came to light when their lax security allowed the now infamous convicted murderer, Danilo Cavalcante, to escape. And, their arrogance kept them from notifying the public for hours. That offered us into a window into how un-seriously they take criminal justice—and, how unaccountable they feel to voters.

The same for the school board members who yelled at parents during COVID.

It’s amazing what local officials will do and say when they think no one is watching, or, when they think they’re untouchable.

Ellis-Marseglia pulled the veil back in Bucks County. Now, we all will watch how votes are counted. Very closely.

As for elections, I live by three principles: Easy to vote. Hard to cheat. Results we can trust. Casey’s lawyers and Ellis-Marseglia tried to take away points two and three.

Now, all of America knows that they don’t really respect the law—or the voters.

We’ll be watching from now on. Thank you, Diane.

For generations, American elections have been decided by voters in swing states. An under-reported political earthquake has occurred over the last four years among Gen Z, and it will shape the outcome of every U.S. election for years to come. 

There has been a significant shift among Gen Z college students to registering as independent voters rather than for either major party. In other words, they don’t feel they owe anyone their vote, and they will make the candidates work hard for it.

Our annual surveys at IGNITE of Gen Z show the shift in stark terms. In 2020, 59 percent of Gen Z college student voters were registered Democrats, and 30 percent were registered Republicans. Just 11.5 percent were registered as independent.

Now, the numbers have shifted enormously. There’s been a 20 percent reduction in registered Democrats to 39 percent, but there’s also a drop in registered Republicans to 26.5 percent. Registered independents now account for 23 percent of all Gen Z college student voters. That’s a staggering increase of more than 100 percent. Gen Z simply doesn’t conform to the hard lines of political parties like previous generations did.

With Gen Z poised to be this country’s largest voting bloc, that shift has tremendous implications. In Pennsylvania, where polling is neck-and-neck in the presidential race, 1.3 million people are registered as independent voters. That’s 20 percent of the 6.8 million people voted in the 2020 election.

Much of the recent news and analysis about Gen Z has focused on gender divisions, and Gen Z men and women indeed have different priorities. Our issue-based focus groups in swing states have shown that young men prioritize mass shootings (64 percent), mental health (59 percent), and jobs and unemployment (58 percent) as priority issues. At the same time, young women care more about healthcare (59 percent) than mental health (55 percent). Young women also care more passionately about abortion (56 percent) as a priority issue, and it’s possible their prioritization of abortion also falls under the healthcare umbrella. They still care about mental health (55 percent) as a priority issue. They also care more about climate change (55 percent) and racial inequality (55 percent) than young men.

Still, the more significant and notable shift here is that young people care more about specific issues and candidates than they do about party political affiliation. They’re also the most racially diverse generation that’s ever voted, and they are telling us that they want candidates who reach out to them authentically to engage on their issues. They’re adept navigators of misinformation and disinformation, and more than 50 percent get their political news from social media rather than traditional news sources. 

They don’t trust the media to interpret candidates’ policy positions on their behalf. Instead, they want candidates to deliver substance. They also want to connect with candidates who share their values and approaches authentically. They’re less taken in by political rhetoric and soundbites and want to see the substance of what political candidates are offering.

With that in mind, it’s not enough for candidates to go on a radio show or a podcast with a broad listenership among young voters. Forums about issues are less impactful on voting intentions than telling independent voters what they will do for them, specifically if they’re elected.

As Gen Z reshapes the political landscape with its substantial shift toward independent voting, it’s clear that the old playbook won’t suffice. Candidates vying for attention can no longer rely on traditional party loyalty or broad, sweeping gestures. In the face of this generation’s demand for authenticity, substance and direct engagement on the issues that matter to them, the political arena is set for a seismic change. The message from Gen Z is unequivocal: Resonate with us on a genuine level, or risk being left behind.

Valerie Biancaniello, a Republican state committeewoman and RNC delegate, was shocked by what happened after she encouraged voters to remain in line on Monday.

The interaction was caught on video.

Biancaniello was at the county government center near voters who were trying to vote early, telling them not to get out of line after a county employee tried to discourage them from staying.

It was an action Biancaniello said was clearly “voter suppression.”

“I have been encouraging people to go vote in person at the government center and to drop their ballot into the drop box located in the lobby,” said Biancaniello, 55. Most of the people in line were Republicans. “And I was getting complaints from people that the line was very long and they felt that they were being discouraged from voting by the workers at the Election Bureau.

“So, all I did was go up there and tell them, because I knew a lot of the people, to stay in line. They were there in the first place because I told them to vote early. So, I said to them, ‘Please stay in line. Do not get discouraged. Your vote is important.’

“I didn’t say who to vote for,” she said. And she wasn’t wearing any Trump-related clothing.

And a county worker would come out “every 30 or 40 minutes” and tell them that it was a long line with a two-hour wait and they would have to stand in two other lines afterward, she said. He also suggested to the voters waiting that they might want to go to one of the satellite voting centers where the lines were shorter.

“I heard it with my own ears,” said Biancaniello. “Like, is this guy kidding me?”

Some people waiting were elderly and others needed to get to work, she said. Some were hungry and one college-age woman said she needed to get to class.  That woman decided to go to the satellite office in Chester Heights.

“Well, she comes back and tells me that she went to Chester Heights only to be told they were out of mail-in ballot applications,” said Biancaniello. “It’s a voting center. All you need to do is print more. This girl was so shocked, she came back and told me. And as she’s telling me, a Democrat woman got out of line and accuse me of electioneering.

“And I said, ‘I am doing no such thing,’” said Biancaniello.  “Then the Park Police came over.” They told her to leave.

“And I said, ‘No, I have every right to be here,’” said Biancaniello. “I wasn’t going to abandon these folks. I waited with them. I said, ‘I’m not leaving.’”

The officer told her that she was helping them fill out their ballots, which she denied, saying, “I did no such thing.”

Then he said she was misrepresenting herself as a county employee, and, “I said, ‘I am certainly not doing that.’

“‘The county is run by Democrats and I’m a delegate for Donald Trump,’” said Biancaniello to the officer. More officers came and handcuffed Biancaniello. They patted her down and took her to a holding area. When she said she had not done anything illegal, they said they would be charging her with disorderly conduct. They said they would mail a citation to the Marple Township resident and released her.

RNC Chairman Michael Whatley posted to X, “A supporter of President Trump’s was arrested today for encouraging people to stay in the early voting line and cast their ballots freely in Pennsylvania. This follows reports from across the commonwealth that voters are being turned away in conservative areas.”

Asked to comment, Ryan Herlinger, a spokesperson for Delaware County said, “On Monday, October 28, 2024, an incident occurred at the Voter Service Center located at the Government Center Building in Media, PA, resulting in the arrest and removal of a woman who, according to multiple eyewitnesses, was disruptive, belligerent, and attempting to influence voters waiting in line. Her behavior prompted several complaints from those in line. Delaware County Park Police—who provide security for the Government Center Building—were on-site and responded promptly to the disturbance.”

Delaware County Council Chair Dr. Monica Taylor, said, “We take voting rights very seriously in Delaware County. Voters have a right to participate in our democracy without being harassed or intimidated, and we applaud our Park Police for calming the disturbance and allowing voting to continue without disruption.”

“Providing a safe and convenient voting experience is our top priority,” added Delaware County Director of Elections James Allen. “That’s why we have Voter Service Centers in multiple locations throughout the County, where voters can speak with knowledgeable Election staff for assistance—whether they need to request or replace a mail ballot or get answers to any election-related questions. These centers are open six days a week, and we want every voter to know that they will find a safe, welcoming environment at all of our locations.”

Almost 250 years ago, Pennsylvania played an indispensable role in the formation of our great union. Our geographic, political, and economic position provided vital support for our newly minted constitutional republic.  Thus, our nickname as the Keystone State became commonplace because a keystone is the central, wedge-shaped stone in an arch that crucially provides architectural integrity. Pennsylvania held the integrity of the new nation together.

Fast forward to 2024 – we continue to be the Keystone State – with unlimited potential due to our unique geography, vast natural resources, multi-cultural residents, and economic diversity.  President Donald J. Trump recognizes our vitality and has spent countless hours here meeting farmers, manufacturers, small business owners, and individuals to hear about our successes – and our concerns. Consistently, one of those concerns is the integrity of our elections.

The Republican National Committee (RNC) and President Trump believe that Pennsylvanians, and all Americans, deserve fair and honest elections, where ballots are cast and counted legally. That is the essence of our fight: for a principled, honest system. We deserve no less.

All across America, the RNC and President Trump fight fervently for the integrity of our elections. The RNC and President Trump developed a comprehensive plan to protect Pennsylvania from interference – but we need your help. We need every patriot in Pennsylvania.  Over the last month, consistent with our long-held positions, we tirelessly promoted commonsense safeguards for mail ballot voting, so Pennsylvanians can cast their ballots with confidence. The Supreme Court of Pennsylvania sided with us and the law, blocking efforts by leftist groups and our own Secretary of State Al Schmidt to invalidate the statute that requires voters to date their mail ballots. No one elected Secretary Schmidt – but he took it upon himself to attack the laws passed by the state senators and representatives we Pennsylvanians elected. That sounds like the exact opposite of democracy.  When state county officials refused to enforce election rules for casting mail ballots and sent out ballots prior to completing required testing, we stepped in and called them out to protect voters who likely did not realize that their elected officials were taking shortcuts.

If you give bad government actors an inch, they’ll go a mile. From creating a patchwork of unlawful ballot curing policies that tend to tip the scale against voters who vote Republican, to forgoing comprehensive ballot testing—such violations do nothing but undermine the integrity of our elections and increase voter distrust.

We want voters to have faith in the process so the importance of the work we do leading up to and on Election Day cannot be understated. The collaboration of the Election Integrity departments of the RNC and Trump Campaign is unprecedented – the first ever of its kind. We have put rule breakers on notice, with staff covering every county in Pennsylvania as well as spread across our great nation. We have engaged in record numbers of critical legal battles, with 120 Election Integrity lawsuits to date in 26 states and counting. These legal efforts remain unmatched,  superseding past election cycles.. This is a new Republican party and, along with the Trump Campaign, pursues every legal angle to proactively halt election misdeeds and transgressions and protect you, the voter.

Our boots-on-the-ground operations have exceeded our expectations. Our Protect the Vote initiative has held over 200 live poll watcher trainings in Pennsylvania alone. These numbers increase by the day, because our election integrity operation is the largest and most comprehensive that our party – and our country – has ever seen.

We are dedicated to ensuring a safe and secure election, but we need your help. We need more eyes and ears — to stand alongside us in this fight and protect the vote. Whether you can volunteer for a few hours, or all of election day, join the expansive election integrity team to save Pennsylvania and America. We need poll watchers, poll workers, observers, and volunteer attorneys.  We need you, and we will train you and be by your side every step of the way.

Of course, President Trump and I first ask you to make a plan to vote. With your efforts, we can swamp the vote for Republicans up and down the ballot. Take advantage of mail voting, early in person mail voting, or election day voting—whichever method works best for you, and we will make this election too big to rig.

Once you have your vote plan, we need to protect the vote – it should be easy to vote, and hard to cheat. If left-wing activists would have it their way, they would continue to circumvent the law to compromise this election. That’s why we need you to go to ProtectTheVote.com/Pennsylvania now and sign up today to protect our election.

The battle for our beloved Keystone State takes center stage in President Trump’s efforts to bring America back to  the leadership and prosperity we deserve. Under the current administration, we are a country in decline, susceptible to bad actors who do not have our best interests at heart. We cannot give them another four years.

Democrats have taken election interference to the next level; but with patriots like you, we can be confident in our elections and Make Pennsylvania and America Great Once Again.

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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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(This article first appeared in Broad & Liberty.)

For at least a year or more, the Pennsylvania Department of Transportation has been changing people’s voter registration information whenever someone registers a vehicle, according to a recent Pennsylvania Supreme Court ruling on election issues. In most cases, the address for voter registration information is the same as the vehicle registration, so no changes are necessary. But in that small percentage of cases in which a person might have multiple domiciles or might be moving, the change could cause havoc for some voters.

Last week the Pennsylvania Supreme Court issued a ruling on election law that made headlines because it dealt with the much debated signature requirement for mail-in ballots, a decision that could impact some races this November.

But an underreported element of the Supreme Court’s ruling also detailed how PennDOT automatically changed a Butler Township citizen’s voter registration when he registered a vehicle using an address that was his second residence in a different county, but still not his primary residence.

The court’s majority opinion authored by Justice Sallie Updyke Mundy gives a concise explanation of the circumstances:

“[Shane] O’Donnell testified that he appeared at his polling place in Butler Township, Luzerne County on election day but the poll workers could not find his name on the voter list. They let him vote by provisional ballot because he had previously voted in the district. O’Donnell had purchased a home in McAdoo in June 2023, but he resided with his mother and brother in Butler Township from that point until March 29, 2024, while his new home underwent renovations. O’Donnell noted he had changed the address for his vehicle registration in December 2023, and he expressed that PennDOT must have made the change to his voter registration at that time.”

In a concurring opinion by Justice David N. Wecht, that change to PennDOT’s registration system happened sometime in the summer of 2023.

“That change requires persons registering vehicles to opt out of concurrent updates of their voter registration. Absent affirmative opt-out selections, the voter’s address is now updated to that at which the vehicle is being registered,” Wecht noted.

In their separate opinions, both Mundy and Wecht expressed serious concerns about the new practices.

Although it’s hard to pinpoint exactly when PennDOT began these changes, they seem to have been joined to Governor Shapiro’s decision one year ago to implement “automatic voter registration (AVR)” for “residents obtaining driver licenses and ID cards at Pennsylvania Department of Transportation (PennDOT) driver and photo license centers.”

Previously, persons applying for a Pennsylvania driver’s license or ID card could “opt in” for voter registration by checking a box on the application form. But with Shapiro’s executive order, the voter now had to check an “opt out” box if they did not want to register to vote at the same time as getting a license or ID.

The same methodology appears to now apply to vehicle registration.

Sen. Cris Dush (R – Jefferson), who chairs the senate state government committee, has been opposed to Shapiro’s AVR change last year, saying it was an illegal overreach by the executive branch. He seems to be even more opposed now that he has learned the changes extend to vehicle registrations.

“This is a very unusual situation for me when I’m agreeing with Justice Wecht on election issues where he says that ‘We are called upon to decide whether the election code really means what it says.’ Duh! It does mean what it says, and we’ve never given the executive branch the authority to do this, whether it’s the Department of State or the Department of Transportation or the two of them working in conjunction with one another,” Dush said.

“We have definitions under the law. The election code is probably one of the most precise bodies of legislation and it’s specifically designed to protect the election process from being manipulated because it is the ultimate choice of the electors as to who they want to select to hold positions of authority. And when you have individuals in the executive branch — which are literally and figuratively under the law in our constitution — changing the law, that’s an issue,” Dush added.

The senator’s frustrations seem to be shared by many members of the court.

“Although PennDOT’s rogue transfer of voter registration in this case ultimately did not deprive O’Donnell of the right to vote, it would be troubling if PennDOT has a practice of making such a transfer without statutory authorization, or even the voter’s consent,” Justice Wecht wrote.

“Any administrative decision by PennDOT or the Pennsylvania Department of State to transfer an elector’s voter registration without that person’s affirmative consent in conjunction with a PennDOT application to change a vehicle registration, as opposed to a driver’s license, is therefore of questionable validity, particularly where, as here, no party has identified a valid administrative regulation authorizing such action,” Justice Mundy said.

Since Shapiro’s AVR decision which will turn one year old on Thursday, about 55,000 more voters have been registered compared to a September-to-September comparison from the year before when voters still had to opt in.

The current paper/printable vehicle registration form does not indicate anything about voter registration. Meanwhile, a PennDOT “change of address” vehicle registration form has opt-in and opt-out boxes available. Yet other documents, such as this “statement of non-ownership of vehicle(s)” and this “out of state address/photo exemption” form clearly show that the forms will automatically trigger updates to voter registration unless the user checks the “opt out” box.

Although Republicans have expressed some heartburn about the AVR decision and Democrats have generally cheered it, the change seems to have benefited Republicans more. Statistics from the Pennsylvania Department of State show about 4,900 more Republicans have registered via AVR than Democrats. New registrations for independent voters still outpaced both parties through the same time period.

Despite the partisan advantage in his favor, Dush says the Republican tilt hasn’t changed his mind.

“From my understanding, the Republicans have benefited from this, but that’s not my point. The rule of law has to stand,” Dush said.

Requests for comment sent to the Governor’s Office, the Department of State, and PennDot, were not returned by the publishing deadline. If comment is provided later, it will be added.

(Editor’s note: The original version of this article said “PennDOT automatically changed a Butler County citizen’s voter registration…” when it should have said Butler Township. The article has been changed to reflect that information.)

With what may be one of the most consequential elections in American history this November, some local voters are worried about the security of the ballot box and preventing voter fraud.

Radnor resident John Child released a list of 12,000 possible “ghost” voters who no longer live where they registered to vote in Delaware County. Another Delco resident, Dean Dreibelbis, turned in a spreadsheet with 14,519 names.

However, Board of Elections Director James Allen said at the board meeting Monday the county follows the letter of the law when removing voters from its rolls.

Even if someone moves, the law says they cannot be removed unless they fail to vote in two federal elections. They also send letters to request voters identified as changing their residence to verify their current address.

“We’re required under Pennsylvania law to receive an affirmative response,” he said. “What you’re asking would violate both state and federal law. We do not have the power of summarily removing any individual from the voter rolls simply because they filed a national change of address.”

He also randomly checked the list of 12,000 voters submitted by Child. Some had moved but didn’t meet the requirement of not voting in two consecutive federal elections.

Josie Zostik of Brookhaven said a “ghost voter” is “someone who died, someone who is in jail, someone who is mentally incompetent, someone who has moved and registered elsewhere.

“That’s what a group of us has focused our efforts on.  The NCOA, which is National Change of Address Records, indicates there are almost 40,000 voters who moved from the county between 2019 and 2024. We’ve challenged about 14,500 of those. Or just 40 percent.

“We’ve compiled these on detailed spreadsheets…I’m sure you can agree we all want to prevent dual voting, and, in this day and age, it’s pretty easy to check the records…We don’t want to take away anyone’s right to vote,” she said.

Glenn Mills resident Dr. Patricia Bleasdale said, “The National Voter Registration Act of 1993 governs much of how the county must clean up apparent errors or obsolete records in the voter rolls. Due to a lot of confusion in how to apply the BVRA, Congress wrote a detailed clarification which states ‘the name of a voter may not be removed from the official list of eligible voters except by reason of death, criminal conviction, mental incapacity, change in residence or voter request.’ So, change in residence is deemed by Congress as a completely valid reason for removing a voter from the voter rolls in and of itself.”

Dreibelbis, also of Genn Mills, said, “14,500 is probably very low. The Postal Service said they only get 40 percent of people who change their addresses with them. Five thousand two hundred voters registered five years ago and never voted.”

Drexel Hill resident Joy Schwartz, who ran for county council last year, said, “Election Watch posted there are nearly 1.5 million invalid voters in Pennsylvania whose names are still on the books. It seems like ERIC, that organization that Delaware County relies upon and Pennsylvania relies upon to clean the voter rolls is not doing a very good job.

“We did have an opportunity to dump ERIC recently. But instead, this board voted to remain with that organization. And that organization is swelling our voter rolls with ghost voters.”

Allen suggested the state law would need to be changed to make it easier to remove inactive voters.

“We have not found anyone on that list that could have, should have, been removable prior to this upcoming election,” Allen said. “There’s always been this lag in the system to prevent anyone from being disenfranchised.  We’re doing what we’re allowed to.”

“I would love at a minimum [to do] a biannual mailing to every single voter. I also believe a change in state law needs to occur.”

“I hope you understand our voter registration team takes it seriously,” he said.

With others helping him, Dreibelbis is sending challenge forms for voters who appear to have moved to the Pennsylvania Department of State, which oversees elections.

Asked to comment about the residents’ complaints, department spokesman Matt Heckel said counties are responsible for maintaining voter rolls.

“The department advises counties of list maintenance activities and deadlines on a routine basis, and it provides training for county election directors on how to conduct the statutorily required process of updating Pennsylvania’s voter rolls. That statutory process must be consistent with the requirements of the National Voter Registration Act (NVRA) and the Pennsylvania voter registration law, which closely follows the NVRA.

“Pennsylvania counties do a robust job in fulfilling their responsibilities to update voter rolls, including sending over 160,000 notices to Pennsylvanians who may have moved last year… Canceling voters on the basis of unverified and unsolicited lists would violate federal and state law, risk disenfranchising voters, and could subject a county to litigation. Further information on voter roll list maintenance can be found in the Department’s Annual Report on the Administration of Voter Registration in Pennsylvania.”

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In what’s being called a landmark case for election integrity, the federal Third Circuit Court on Wednesday upheld a ruling by the Pennsylvania Supreme Court requiring people using mail-in ballots must put a correct date along with their signatures on the outer envelope.

It could also be a landmark for Richard Marino III of Towamencin Township. He lost the supervisor’s election to Kofi Osei when those ballots, now declared ineligible, were used in the final vote count.

The ruling overturned a previous ruling by a district court judge who found  ballots from eligible voters received on time did not need to have a handwritten date or a correct date.

“The Pennsylvania General Assembly has decided that mail-in voters must date the declaration on the return envelope of their ballot to make their vote effective. The Supreme Court of Pennsylvania unanimously held this ballot-casting rule is mandatory; thus, failure to comply renders a ballot invalid under Pennsylvania law,” the Third Circuit panel said in its 2-1 majority ruling.

In the 2023 Towamencin Township supervisor’s election, Marino received the most ballots. But when the undated ballots were added, the race turned into a tie with Osei. As a result, the election was decided by a drawing to pick the winner.

Marino’s appeal is scheduled to be heard in the Commonwealth Court on April 3.

“I am happy the Third Circuit Court of Appeals found in our favor and rejected the idea that procedures put into place to secure election integrity somehow disenfranchises voters who ignore those procedures. I look forward to continuing this fight,” Marino said.

Christian Nascimento, chair of the Montgomery County Republican Committee, said Marino “absolutely should (return to the board). The Montco Board of Elections followed a process that has been deemed to be illegal.”

Republicans in the Keystone State and across the nation have made election integrity and the rule of law top priorities. The circuit court’s decision was praised by Republican National Committee Chairman Michael Whatley.

“This is a crucial victory for election integrity and voter confidence in the Keystone State and nationwide. Pennsylvanians deserve to feel confident in the security of their mail ballots, and this Third Circuit ruling roundly rejects unlawful left-wing attempts to count undated or incorrectly dated mail ballots. Republicans will continue to fight and win for election integrity in courts across the country ahead of the 2024 election,” Whatley said.

The American Civil Liberties Union (ACLU), however, opposed the decision, arguing the civil right to have a ballot counted overrides the civil right of citizens to pass and enforce election laws to prevent fraud.

“If this ruling stands, thousands of Pennsylvania voters could lose their vote over a meaningless paperwork error. The ballots in question, in this case, come from voters who are eligible and who met the submission deadline. In passing the Civil Rights Act, Congress put a guardrail in place to be sure that states don’t erect unnecessary barriers that disenfranchise voters. It’s unfortunate that the court failed to recognize that principle. Voters lose as a result of this ruling,” said Mike Lee, executive director of the ACLU of Pennsylvania.

“The court ruling is a gigantic win for Pennsylvania, the nation, and election integrity,” countered Pennsylvania GOP Chairman Lawrence Tabas. “The Pennsylvania GOP will continue to do everything we can to keep our elections safe and secure because, above all, Pennsylvanians deserve to have confidence in our elections.”

The Pennsylvania Department of State offered a measured response.

“The Department of State believes every vote by a qualified voter should be counted, and we are continuing to work to ensure that is the case in Pennsylvania,” said press officer Matt Heckel. “To that end, the department has made significant proactive improvements to mail ballot materials designed to cut down on undated or misdated mail ballot envelopes.”

The new ballots will be rolled out for the 2024 primary on April 23.

“Additionally, the department is encouraging counties to employ processes to provide notice to voters of these errors so that voters have a chance to correct them and ensure their votes are counted. The department is reviewing potential next steps as we analyze yesterday’s court decision,” Heckel added.

“The real winners in the Pennsylvania mail ballot case are the voters,” said Philadelphia election lawyer Linda A. Kerns. “In a well-reasoned opinion, the Third Circuit held that Pennsylvania law must be followed so voters can be assured, at least when it comes to dating, ballots across the commonwealth will be treated equally by election officials. I have no doubt the left will continue to attack the rule of law – but voters should feel confident with this victory.”

State Sen. Gene Yaw (R- Bradford) said, “The argument has always been about voter ID and all these other things out there, that it somehow restricts the number of people that can vote. And what the Third Circuit said in this particular case is that the signature requirement did not violate anything because it did not restrict the number of people that can vote. It only addressed how they can vote.

“Our Pennsylvania law did not run afoul of any federal requirement because we weren’t restricting the number of people.”

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State House Speaker Joanna McClinton unveiled legislation at a Capitol news conference Tuesday to make it easier for Pennsylvanians to vote.

McClinton’s bill would allow registered Pennsylvania voters to vote early, in person, during the two weeks before Election Day. It would also allow same-day voter registration at polling locations the day of the election.

“Voting is at the core of our national identity and among our most valued rights as Americans,” said McClinton (D-Philadelphia). “Rather than spur distrust in our system and attack our dedicated election workers, we should look for ways to make the system accessible to more Pennsylvanians so their voices can be heard.

“Measures like these add convenience and security and have already been adopted in dozens of other states, including states with historic records of voter suppression like Florida and Georgia.”

However, her bill is likely to meet opposition from Republican lawmakers.

“We cannot properly register people to vote and administer elections on the current timelines in the law,” said House Republican Leader Bryan Cutler (R-Lancaster). “This proposal does nothing to increase Pennsylvania’s election integrity and once again injects more partisanship and mixed messaging during a presidential election year.”

But Senate Majority Leader Joe Pittman (R-Indiana) suggested a compromise could be on the horizon. “A lot can happen if we get Voter ID as a constitutional amendment.”

J. Christian Adams, founder of the Election Law Center and general counsel for the Public Interest Legal Foundation, is skeptical.

“Same day registration doesn’t provide enough time to validate eligibility,” said Adams. His organization promotes ballot security and is currently suing Pennsylvania to obtain information regarding the registration of foreign nationals at PennDOT offices for more than two decades.

McClinton said same-day voter registration would allow eligible Pennsylvanians to register when it’s most relevant and convenient—on Election Day. It would also enable real-time corrections to inaccurate voter rolls, strengthening the safety and security of the election system.

It seems to be working in New Hampshire, which holds the first presidential primary in the nation every four years.

“New Hampshire has had election day registration since 1993. It has worked well in our state, and has resulted in consistently high voter participation rates,” New Hampshire Secretary of State David Scanlan told DVJournal.

McClinton says allowing two weeks of early in-person voting on machines would give Pennsylvanians with demanding work schedules or family responsibilities an opportunity to cast their vote at a time that works best for them. It would also decrease congestion at the busiest polling locations. Also, it would help seniors, especially those who use wheelchairs or walkers, allowing more time to accommodate their needs.

Pennsylvania Voice Executive Director Salewa Ogunmefun support these new voting rules.

“These commonsense reforms will not only make it more convenient for all Pennsylvanians to make their voices heard at the ballot box, they will also help make our elections more secure,” said Ogunmefun. “We couldn’t be happier that Speaker McClinton has decided to make this a priority and look forward to working with her to get them passed into law.”

“I vote. I want to vote. I believe it’s my civic duty to vote. But when life becomes challenging, so can voting,” said Angela Madera, a voter from Allentown. “There are so many people like me who have to overcome barriers simply to cast our ballot. It shouldn’t be that way. Voting is our right. Pennsylvanians are busier than ever. Work schedules and family commitments vary. Our voting system needs to accommodate these new realities and reflect the needs of today’s citizens. I’m so grateful to the speaker for standing up for voters like me.”

“In order to have elections that are fully accessible to all, the Commonwealth must implement policies that are mindful of the challenges people with disabilities encounter when trying to vote. The changes proposed are welcome expansions to voting access in Pennsylvania and individuals with disabilities will especially benefit from more flexible opportunities to vote,” said Jennifer Garman, director of government affairs for Disability Rights Pennsylvania.

McClinton’s legislation compliments voting changes implemented by the Shapiro administration in 2023, including automatic voter registration when people get their driver’s licenses or state identification cards and redesigning mail-in ballots.

Spokesperson Manuel Bonder said, “Gov. Josh Shapiro is supportive of these priorities and expanding voting opportunities for eligible Pennsylvanians as we continue working to ensure our elections are free, fair, safe, and secure. The Shapiro administration looks forward to continuing to work alongside Speaker McClinton on these priorities.”

“As the birthplace of American democracy, it’s time we offered Pennsylvanians more options to vote safely and conveniently, reduce the time people wait in line to cast a ballot and guarantee that every voter has enough time to exercise their right to participate in our elections. Every voice matters.” McClinton said.

The primary is on April 23. The last day to request a mail-in or absentee ballot is April 16.

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(This article first appeared in Broad + Liberty)

In the uproar over election integrity in the wake of the 2020 election, governments across the country and the commonwealth have been put to the test, not simply in terms of basic election security, but with regard to transparency as citizen activists have leveraged open-records laws to dig far beneath the surface into how elections are conducted and votes counted.

One such case is before Pennsylvania’s Commonwealth Court, with a decision that could arrive any day.

Heather Honey, an elections researcher, filed a Right to Know request in Lycoming County seeking a copy of the “cast vote record,” from the electronic voting systems in that county for the 2020 election.

A U.S. Department of Commerce document says, “Simply put, a cast vote record (CVR) is an electronic record of a voter’s ballot selections, and its primary purpose is to provide a record of voter selections that can be counted in an efficient manner to produce election results.”

What’s critical to understand, however, is although the CVR “is an electronic record of a voter’s ballot selections,” it does not abrogate a voter’s right to a secret ballot. If the CVR could link a ballot to a voter, it would never have been approved for use in the first place, Honey says.

“The Department of State cannot claim that the voting system complies with the requirement for ballot secrecy but then claim that a report from that system would reveal the identity of the voter.”

“Once cast, a ballot cannot be linked back to a voter. So, a report showing the votes cast on a ballot certainly cannot be linked back to a voter. The county confirmed that the voting system manufacturers randomize the order of the records in the CVR report.”

In other words, even if you knew the order of each voter, the CVR maintains secrecy by scrambling the order of the ballots.

While the case contains a wealth of interesting nuggets for those fascinated by the granular details of election administration and computerized voting, the oral arguments also presented a more general issue of transparency, which began with a question from Judge Ellen Ceisler.

“Counsel, if these reports don’t have any identifying information, and they’re produced naturally, and there’s a goal to keep the election process as open and fair and transparent as possible, what is the harm, and what is the concern of releasing these reports?” she asked the Department of State’s lawyer, Jason McMurray.

“One, we don’t believe they’re entitled to them based on the reading of the sections…” Murray began before he was cut off.

“We understand that, but just get right to what her question is,” Judge Stacy Wallace interjected.

“In the climate that we’re in currently, and in other matters, there’s always the possibility of the threat of manipulation of information,” McMurray began. “And so, when you get information such as this — raw data — from the machines, and subject to random interpretations, or people that don’t have all the facts of being able to adjudicate the information that’s in the data set, I think it could lead to a lot of misinformation. And that’s the harm here, we’re trying to prevent that. We’re trying to make sure that when you vote, your vote is counted properly and that the report of that vote is reported properly — that everyone is on the same page at the same time.

“And then by allowing requests for information such as this to get out, I believe that it could be a manipulation of that type of information in the public’s eye and could lead to, you know, a lot of challenges to results that are not necessarily warranted if there’s no fraud or errors presented.”

(PCN-TV video of the arguments is found here, choose 12-23-06. Arguments begin at -1:58:56. The specific comments mentioned in this article are at -1:16:11.)

When Broad + Liberty asked the Department of State if McMurray’s response revealed some kind of deeper ethos, the department objected.

“As Deputy Secretary Jonathan Marks said multiple times during his testimony in this case, transparency about the election process in Pennsylvania is extremely important to the Department of State. To that end, the Department’s approach to providing documents or data requested through the Right to Know Law is to provide all the information it is permitted to share within the confines of the law. The Department also takes seriously its duty to protect Pennsylvania voters’ confidential personal information,” a department spokeswoman said.

“In a general sense, providing information publicly often promotes transparency. However, one of the potential caveats of providing raw data or information is that it could be easily misunderstood without appropriate context, so the Department strives to provide necessary applicable context in its responses to RTKL requests.

“Again, in attempting to take this isolated statement in response to a specific question from the Court out of context, you are mischaracterizing the Department’s position on transparency as a whole and on this particular case.”

Honey was recently the subject of a massive, 4,600-word publication alleging she is one of the most disruptive purveyors of information when it comes to election integrity.

Because she was involved in audits in other states, Honey says she knows exactly what she’s looking for by requesting CVRs.

“The Cast Vote Record report contains information that is useful for many types of analysis. One example, as we found in Arizona, Georgia and in PA, when counties are tabulating hundreds of thousands of mail ballots on central tabulators, sometimes they send batches through more than once and ballots are double counted. In Georgia, that happened with many batches and thousands of ballots,” she said.

“Transparency and trust are fundamentally linked when it comes to the government. Public confidence in elections is at an all-time low and the Department’s efforts to withhold records that are presumed to be public are further eroding that trust,” Honey concluded.

State Sen. Jarett Coleman, a Republican whose district covers parts of Bucks and Lehigh counties, said the arguments in court from the Department of State are concerning, but largely because they don’t comport with his experience working with the department and its new secretary, Al Schmidt.

“This statement that the Department of State made in the courtroom is a severe departure from the openness that the secretary of state has provided me and my office as we work on election issues,” Coleman said. “So this is a huge departure and that’s very concerning for me. Secretary Schmidt has been nothing but helpful and open and transparent as we work to amend and craft election code bills that aim to increase transparency and faith in our elections. So this is a huge shift and that’s the part that’s hard for me to understand.”

Coleman said he felt certain that the department’s “misinformation” argument lacked any legal merit, and so that specific part would fail, even though other arguments the department made might yet succeed.

Coleman says he’s been working with Secretary Schmidt and other team members at the Department of State on testing issues for voting machines.

Honey’s case was argued before the Commonwealth Court in December. A ruling could come any day.