Attorneys representing DNC contest Luzerne County manager’s authority over drop box decision

Attorneys representing the Democratic National Committee, Pennsylvania Democratic Party and other related entities emailed a letter to Luzerne County solicitors Friday contesting county Manager Romilda Crocamo’s authority to eliminate the county’s four mail ballot drop boxes.

The attorneys said they want to underscore the county Election Board’s legal authority to authorize drop boxes and the county manager’s “lack of authority to undermine that decision.”

“To put it bluntly, the Board, and only the Board, has the power to decide whether Luzerne County will provide ballot drop boxes for the 2024 general election. Any actions or statements by the county manager on the topic are completely without legal authority or merit,” the letter said, underlining that sentence for emphasis.

It urges the volunteer, five-citizen election board to “stay the course” and ensure county mail ballot voters have the option to use drop boxes for the Nov. 5 general election.

Authored by Elias Law Group Attorneys Rachel L. Jacobs, Jacquelyn Lopez and Daniel J. Cohen, the letter also was sent on behalf of the Democratic Congressional Campaign Committee and the Democratic Senatorial Campaign Committee, it said. They emailed it to county Chief Solicitor Harry Skene and county Assistant Solicitor Gene Molino.

Crocamo has said she discontinued the boxes primarily due to a fear they would be targeted, injuring people, property and the ballots inside.

“I’m worried about violent acts to voters using the drop boxes and to the potential damage to the ballots that are inside the boxes,” Crocamo said Friday, noting she will be briefing the election board in closed-door executive session Monday about some of the information she used to reach her decision.

The dispute about Crocamo’s authority in Friday’s letter also was raised earlier this week in a communication from the American Civil Liberties Union of Pennsylvania.

Crocamo had said in response to the ACLU communication that she was “surprised and disheartened that they have not grasped nor respect that I have an obligation to protect my staff, county property and the ballots themselves.”

The ACLU communication urged Crocamo to withdraw her statement ordering the removal and discontinuance of drop boxes so that the county election board may, if it chooses, consider the issue “under its statutory and home rule charter authority.”

Under the county’s charter, council appoints four citizens — two Republicans and two Democrats — and those four citizens then select a fifth member of any affiliation or no affiliation to serve as chair. Because current chairwoman Denise Williams is a Democrat, the board has three Democrats and two Republicans.

Because the county manager oversees election bureau staff, the roles and powers of the board and manager have been a source of debate since the home rule charter took effect in January 2012. This is one of the issues that likely will be explored by the county Government Study Commission, which was activated by county April 23 primary election voters to consider and possibly recommend charter revisions.

Friday’s letter said the manager has “no legitimate legal basis to determine whether the county will use ballot drop boxes” because the election board exclusively holds that authority under both Pennsylvania law and the county home rule charter.

It said the county manager’s powers are limited to “administrative” under the charter.

“In other words, the county manager does not set policy; they implement policy,” it said.

“Nowhere in the charter’s list of the county manager’s powers and duties is there any mention of determining the use of ballot drop boxes, determining election policy generally, or otherwise performing the board’s duties in conducting elections,” it said.

Friday’s communication also maintains the manager cannot withhold funding or personnel if the board enacts a policy, such as drop boxes. The county manager’s “job is to make that policy work the best they can with the resources they have available,” it said.

”Simply put, the county manager’s legal administrative responsibilities have nothing to do with the Board’s role in determining the use of ballot drop boxes. The county manager’s actions and statements to undermine the Board’s role completely disregard the law and charter, and threaten to sow chaos in the 2024 election,” it said.

The board “can and should proceed as planned” with four drop boxes, it said.

In addition to the ACLU, 27 organizations have criticized the county manager’s announcement while Republicans have “hailed” it, the letter said.