Pennsylvania redesigned its mail-in ballots for 2024. (Capital-Star photo)
According to an emergency petition filed in the Fayette County Court of Common Pleas, a Washington Township Judge of Elections, Vincent Manetta, announced his intention to remove ballots from their secure box and undertake an unauthorized hand audit of votes cast for presidential candidates.
Even after being told by the county Election Director Marybeth Kuznik that a manual count would violate the state’s election statutes, the petition says Manetta still intended to perform the hand count. The petition was filed by Kuznik.
This evening, Judge Linda Cordaro at the Fayette County Court of Common Pleas ruled that Manetta must not undertake a manual audit of ballots and, should he refuse to comply with the ruling, a Fayette County Sheriff’s Department officer will escort a poll worker, the ballots and other election materials to the Fayette County Election Bureau after polling places close.
Manetta was unable to be reached at a phone number linked to his name and obtained through a search of public records. It is unclear why he intended to perform a hand count of ballots. It is also unclear how many ballots would be affected.
A hand count by a judge of elections in a polling place would violate the chain of custody for ballots laid out in Pennsylvania’s election code. It would likely also cause county election results to be “delayed by numerous hours,” according to the petition.
Kuznik referred to the petition and court order when asked additional questions.
George Rattay, the chair of the Fayette County Democratic Party said he was unaware of the specifics of the situation but, “I made a prediction. If something was going to go on, it was going to happen in Washington Township,” likely because of distrust in election results.
Michelle Mowry, the chair of the Fayette County Republican Party refused to comment.
Every vote in Pennsylvania is cast on a paper ballot. The voting machines, which are not connected to the internet, essentially serve as scanners.
“Counting or tabulating the votes on the ballots is not the job of the precinct election staff.,” Marian Schneider, senior voting rights policy council at the American Civil Liberties Union of Pennsylvania said in a statement. “The voting system does that and it is the county’s job to compute, canvass and certify the returns.”
Pennsylvania election code says that, when polling places close, ballots and electronic data collected by the machines are supposed to be sealed and delivered to the county election bureau.
“There are very set procedures for how or when a recount takes place,” said Frederick Thieman, a former U.S. Attorney for the Western District of Pennsylvania, and member of the election integrity and education nonprofit, Keep Our Republic.
“The whole purpose of the statute is to make sure that the ballots are counted in a uniform manner in an open and transparent way, with paper backup in order to verify it,” Thieman added. “If individuals start carrying ballots off by themselves then the whole chain of custody is broken.”
This is a developing story.