HARRISBURG, Pa. — A ruling by a Pennsylvania court on Tuesday determined by a vote of 6-1 that the state’s secretary of state holds the power to instruct counties to prevent “unauthorized third-party access” to voting machines, or else face the possibility of those machines being decertified and rendered unusable for future elections.
The Commonwealth Court clarified that the Department of State is not required to compensate counties when their voting machines are decertified. This marks a setback for Fulton County, which found itself in a legal dispute after two Republican county commissioners permitted Wake Technology Services Inc. to investigate and extract data from Dominion voting machines back in 2021.
The intervention from the state elections agency followed concerns that unauthorized access could endanger the security of the equipment. As a consequence of the examination conducted by Wake TSI, Fulton County’s machines were decertified, prompting a lawsuit against the secretary of state from the county and Republican commissioners Randy Bunch and Stuart Ulsh.
Fulton County contended that it possessed substantial authority over its voting machines, while the secretary of state argued that granting each county election board unchecked control could lead to chaotic outcomes where each entity acts independently with electronic voting systems to which they have access. Judge Renee Cohn Jubelirer, writing for the majority, described this notion as “an absurd and unreasonable result.”
She pointed out that a 1937 election law did indeed grant significant powers to county election boards. However, it was amended over time to bestow an essential role upon the secretary of state in maintaining statewide consistency and safety regarding electronic voting systems. The majority opinion asserted that preserving the balance of power between state and local authorities in managing elections and voting equipment is vital to safeguarding the integrity of free, fair, and secure elections.
“The provisions do not conflict with one another, and it is feasible—indeed crucial—for county boards of elections to execute their responsibilities while following the secretary’s guidance and directives,” Jubelirer noted in the majority opinion.
Following the court’s decision, the Department of State expressed its satisfaction and emphasized its commitment to uphold secure and fair electoral processes. The administration of Democratic Governor Josh Shapiro highlighted that the ruling supports the secretary’s authority to protect voting systems from unauthorized external entities.
Stacey Shives, the chief clerk for Fulton County, chose not to provide commentary regarding the judgment. Attempts to reach out to the county’s attorneys, Tom Carroll and Jim Stein, for statements were made. Fulton County, located in rural central Pennsylvania and home to around 15,000 residents, had engaged Wake TSI and permitted another external inspection in search of evidence related to alleged election fraud that former President Donald Trump falsely claimed after his loss in the 2020 election. Fulton County has historically shown strong support for Trump during his presidential campaigns. It’s also noteworthy that Ulsh is no longer serving as an elected county commissioner.
As a result of the ongoing legal tussle over the access to the voting machines, Fulton County has since replaced the machines that were seized by the court.
