Luzerne County Manager Romilda Crocamo could face legal consequences for failing to deploy ballot drop boxes against the will of the county's election board, Pennsylvania Attorney General Michelle Henry said Thursday.
"Pursuant to the Pennsylvania Election Code, only the Luzerne County Board of Elections has the authority to issue a lawful instruction or order to deploy ballot drop boxes for the November 2024 general election," Henry wrote in a letter to Crocamo.
Crocamo referred questions about the letter to her attorney, Philadelphia-based Mark Cedrone. A voicemail left for Cedrone was not immediately returned Thursday.
In September, Crocamo 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.
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.
"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," Crocamo previously said, adding that the county didn't have enough staff to monitor the boxes.
Opponents of the move, including voting rights advocates and elected officials, maintain Crocamo overstepped her boundaries by taking action reserved for the Board of Elections.
The American Civil Liberties Union of Pennsylvania, on behalf of Luzerne County voters and In This Together NEPA, a non-profit voting rights group, filed a lawsuit this week making that argument.
On Thursday, the state's top prosecutor said essentially the same thing.
"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 added, noting that Crocamo also could face potential criminal consequences.
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 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.
The move to not deploy the drop boxes drew praise from opponents of the boxes, but also vocal complaints from supporters of their use, including state Sen. Marty Flynn (D-Scranton).
The senator on Sept. 25 wrote a letter to 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 to Henry.
Henry's response acknowledged receipt of Crocamo's request, adding that "I understand members of my staff have spoken to you and your county solicitor regarding this matter."
"We encourage you to continue to work with the Luzerne County Board of Elections to resolve this matter in accordance with the law," Henry concluded.
