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Drop boxes back in Luzerne County, lawsuit hearing canceled

"I voted" stickers available for voters.
Aimee Dilger
/
WVIA News
"I voted" stickers available for voters.

Luzerne County voters will be able to use ballot drop boxes in November once again.

County Manager Romilda Crocamo has reversed her decision and said she will deploy the drop boxes "as a result" of correspondence from the state Attorney General.

The American Civil Liberties Union was due in court today on a lawsuit they filed against Luzerne County on behalf of voters and voting rights group In This Together NEPA. They alleged Crocamo broke with state election code by pulling the boxes without a vote from the county board of elections.

That hearing has been canceled and the motion withdrawn as of Monday morning.

According to a statement from ACLU, the group withdrew the motion after Crocamo "agreed to restore mail ballot drop boxes."

In This Together Executive Director Alisha Hoffman-Mirilovich called the agreement with Crocamo a "huge victory for Luzerne County voters."

"We applaud the Luzerne County Board of Elections for making drop boxes accessible in Luzerne County since 2020, and we applaud the county manager for reversing course in the best interest of voters throughout the county," she said in a statement Monday.

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.

In the days that followed, voting rights groups spoke out in support of drop box voting, while others cheered Crocamo's decision.

The American Civil Liberties Union of Pennsylvania filed the lawsuit last week, and Pennsylvania Attorney General Michelle Henry warned Crocamo in a letter she could face legal consequences if the decision were not reversed.

"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 the letter to Crocamo.

Crocamo initially said she exercised her authority over county property and personnel when she decided not to deploy the boxes, citing safety reasons.

"I still have grave concerns about the safety of the drop boxes in this present political climate," she said in an email to WVIA News.

As of Monday, Crocamo said she has directed staff to reach out to Misericordia University and Wright Manor, two of the county's previous drop box locations.

In the statement from In This Together, Jenny Wilczak, a Wright Twp. resident and a plaintiff in the case, said the drop boxes returning will allow her to vote this year.

“As someone preparing for major surgery and unable to vote in person, the reinstatement of drop boxes for the November 5th election is a huge relief," she said. "I’m grateful that voters like me will still have the option to participate in this election without unnecessary barriers."

Vic Walczak, legal director for ACLU of Pennsylvania, said the organization is pleased the drop boxes will be available.

"The county agreed that the ... four drop boxes would go up (Monday) as planned and they will be maintained for the rest of this particular election," he said. "That was...the most important objective of this litigation, so mission accomplished."

The legality of Crocamo's decision, however, remains unresolved according to Walczak.

"I really don't expect the county manager to intrude again," he said. "But if she does, we'll be right back in court."

Sarah Scinto is the local host of Morning Edition on WVIA. She is a Connecticut native and graduate of King’s College in Wilkes-Barre, and has previously covered Northeastern Pennsylvania for The Scranton Times-Tribune, The Citizens’ Voice and Greater Pittston Progress.

You can email Sarah at sarahscinto@wvia.org