The American Civil Liberties Union of Pennsylvania is suing Luzerne County over county Manager Romilda Crocamo's recent decision not to use its four mail ballot drop boxes for the Nov. 5 election.
Crocamo last month said she exercised her authority over county property and personnel — granted under the county's home rule charter — when she decided not to deploy the boxes, citing safety reasons.
The ACLU's suit argues Crocamo overstepped her bounds when she took unilateral action to sideline the boxes though the county board of elections had previously approved their use — most recently by a 3-2 vote on Feb. 21.
The ACLU says Crocamo's actions conflict with state law giving the county election board power to regulate elections in the county, and it wants Luzerne County Court to issue an injunction and compel Crocamo to restore the drop boxes as soon as possible.
“The county manager had no legal authority to pull this end run around the board of elections’ decision to continue offering Luzerne County county voters a safe and easy option to vote by mail, and we hope the court will quickly restore the four drop boxes,” said Witold Walczak, legal director of the ACLU of Pennsylvania.
Asked about the suit, Crocamo said she doesn't "engage in public comment during litigation."
She did discuss her decision more generally earlier Tuesday in an interview prior to the suit being filed.
ACLU suit cites residents' concerns
Tuesday's suit was filed on behalf of Luzerne County voters and In This Together NEPA, a non-profit voting rights group, by the Wilkes-Barre-based Borland & Borland law firm in conjunction with the ACLU.
“In This Together NEPA is committed to ensuring the rights of all voters are upheld,” said Beth Gilbert, voting and elections manager at In This Together NEPA who formerly served as a deputy election director for the county.
“We strongly believe that the decision to eliminate drop boxes is both harmful and unlawful, and we are asking the court to act swiftly to restore access to this vital voting option," Gilbert added.
Walczak said drop boxes "are a safe, secure, and easy way to ensure mail ballots are returned timely."
"And they are especially important for people with disabilities and those experiencing last-minute difficulties going to the polls on Election Day,” he added.
The ACLU's suit cites Luzerne County residents who argued that removing the drop boxes would create an impediment to voting, including one who will be experiencing back surgery, one who is immunocompromised and cannot vote in person, and another who is regularly called away to care for family members.
These individuals sought assurances that their votes "will be received by the deadline, and not have to risk delay or loss by the U.S. Postal Service," the suit states.
Four drop boxes have been available and used by Luzerne County voters in every election since 2020, including during this year's primary election, the suit says.
The county's four drop box locations were at Wright Manor in Mountain Top, Misericordia University in Dallas, Broad Street Business Exchange in Hazleton and the Penn Place county building in downtown Wilkes-Barre.
"There have been no substantiated cases of abuse or fraud concerning the drop boxes," the suit states.
Crocamo explains position
Crocamo last month said she exercised her authority over county property and personnel when she decided not to use the drop boxes.
The manager said her move was prompted by security concerns. Those concerns were more about the safety of the people who work with the boxes and oversight at the locations, she said, and less about people dropping off multiple ballots.
Among those safety concerns, Crocamo said, are reports of people putting suspicious substances or other items in drop boxes nationwide.
“It’s not an indictment against drop boxes, we’ve used them in the past. It’s just that right now, in Luzerne County, the political climate is really at the boiling point,” Crocamo said then.
She reiterated those concerns Tuesday in a conversation prior to the suit being filed.
"I can't do anything to make those drop boxes safe and secure for my staff who will be working with them, and for individuals who may be using them," said Crocamo, who also has said the county didn't have enough staff to monitor the boxes.
ACLU: It's not manager's role
The ACLU argues it was never Crocamo's decision to make.
The suit notes that Pennsylvania Election Code vests authority over elections in each county’s board of elections. In the case of a county with a home rule charter that has created an appointed board of elections, that body fulfills that role under the terms of the code.
Luzerne County's home rule charter provides for the establishment of a five-member Board of Elections and Registration, four members of which are appointed by the county council and one member is voted on by the appointed members.
Crocamo is not one of those members, the suit notes.
"The Pennsylvania Supreme Court has confirmed that county boards of elections may establish additional mail ballot drop off locations, including drop boxes," the suit says, adding that Crocamo "unlawfully usurped the board’s authority and responsibility."
Controversy followed move
Crocamo announced her decision on Sept. 18 and reaffirmed it on Sept. 23. Controversy and opposition were quick to follow.
The ACLU then issued a letter urging her to reverse the move, using the same arguments cited later in the lawsuit.
"Your last-minute unilateral move and unsubstantiated public statements that the drop boxes are not secure elevates a false narrative about mail voting and sows distrust in election administration. It serves only to create chaos in the community," that letter stated.
It further urged Crocamo to use the power of her office "to ensure funding necessary for the security of ballot drop boxes."
On the evening of Sept. 23, Gilbert and In This Together NEPA led a rally on the steps of the Luzerne County Courthouse calling for Crocamo to reverse her decision. She was joined by voters who spoke in favor of drop box voting, as well as state Reps. Eddie Day Pashinski and Jim Haddock, and state Sen. Marty Flynn.
The group also faced vocal opposition from protestors who said they supported Crocamo's decision and shouted claims about "illegals" using drop boxes to vote.
Calls for AG investigation
Pashinski and Flynn shouted back. Flynn also took his argument to another level.
The senator on Sept. 25 wrote a letter to Pennsylvania Attorney General Michelle Henry to "demand an immediate and thorough investigation" into Crocamo's decision, "including potential outside pressures, and take immediate steps to reverse this harmful action."
Crocamo sent a letter to Henry the same day acknowledging Flynn's call for an investigation, and asking for one herself.
"I believe it is crucial for the public to understand the reasoning behind this decision, especially considering the ongoing discussions surrounding election accessibility and security," Crocamo wrote.
A spokesperson from the Attorney General's office said they had no comment on the matter.
Flynn on Tuesday said he did not believe the risks to ballot boxes were as significant as Crocamo portrayed them to be.
"I don't, but I think it doesn't matter. It doesn't matter if the risk is that great," Flynn said. "It's democracy. It's what our country is. You expand it, you don't contain it."
Crocamo on Tuesday said she stands by her decision.
"I'm not caving to the forces of fear at all. I make the decisions that are best for Luzerne County," Crocamo said.
"I make the decisions that are best for Luzerne County. I don't make decisions based on Romilda Crocamo, the individual. Romilda Crocamo the individual supports drop boxes," she added.
"I think any way that we can make voting as accessible as possible is a good thing for democracy. As the county manager for the general election in 2024, it's not safe," she said of using the boxes in Luzerne County.
