Today’s court hearing on Luzerne County mail ballot drop boxes cancelled

A Monday morning court hearing about Luzerne County mail ballot drop boxes has been cancelled because county Manager Romilda Crocamo agreed to provide the boxes for the Nov. 5 general election.

The hearing in the county Court of Common Pleas had been scheduled to consider an injunction request filed by the American Civil Liberties Union of Pennsylvania and local law firm Borland and Borland seeking immediate restoration of the four drop boxes.

Filed on behalf of three mail ballot voters and the nonprofit In This Together NEPA, the litigation asserted the county manager must comply with the election board’s directive to provide the boxes for the Nov. 5 general election, as in past elections.

Crocamo has maintained she has authority to cancel the boxes due to safety and staffing concerns because she oversees county workers and property.

Crocamo had announced Friday night she has reversed course in response to Pennsylvania Attorney General Michelle A. Henry’s letter informing her the county election board has sole authority over the deployment of drop boxes under the state election code.

“Should you fail to comply with a lawful instruction or order, the Board of Elections could take action, including filing a civil mandamus action to compel performance,” Henry’s letter said.

There are also potential criminal consequences for failing to comply, Henry wrote.

Crocamo said Friday evening she “still has grave concerns about the drop boxes” but would comply with the board’s standing resolution requiring the four boxes with video camera recording as provided in the past.

According to a stipulation agreement between Crocamo and the plaintiffs:

While Crocamo “expressly denies that she is under any legal obligation to deploy ballot drop boxes,” she has agreed to immediately deploy them in accordance with a past election board resolution.

The boxes were in the Wright Manor senior living facility in Mountain Top, Misericordia University’s Passan Hall in Dallas and two county-owned properties — the Broad Street Exchange in Hazleton and Penn Place Building in Wilkes-Barre.

Following past practice, the Penn Place box must remain deployed until 8 p.m. on Election Day, it said. The three other boxes must remain deployed until 5 p.m. the day before the election.

“Nothing in this agreement shall preclude county, municipal or state law enforcement officials from carrying their duties to protect public safety, even if that means access to a drop box is temporarily curtailed,” it said.

The agreement said plaintiffs agree their pending motion for preliminary injunction is withdrawn. The court will retain jurisdiction over the matter.

It’s unclear if the Wright Manor box will be possible. County Chief Solicitor Harry W. Skene informed the election board Friday evening that the county information technology department reached out to Wright Manor to make technology arrangements and was informed the facility won’t be hosting a box as it did in the past. Skene said he was in the process of seeking official confirmation from the site owner, the county Housing Authority.

Skene said the county is no longer requiring the Wright Manor and Misericordia sites to sign “hold harmless” agreements accepting liability.