WILKES-BARRE, Pa. — Note: The above video is from an earlier story.
The American Civil Liberties Union of Pennsylvania said Sunday that Luzerne County Manager Romilda Crocamo’s decision late last week allowing ballot drop boxes for next month’s election does not resolve a lawsuit brought over her initial refusal.
A judge still needs to settle the question of who has ultimate authority over their use, said Vic Walczak, rights group's legal director. Despite Crocamo's reversal on her denial of drop boxes, a court hearing scheduled for Monday on the case remained necessary because the county manager maintained she had authority to override the county’s Board of Elections and Registration vote to keep the drop boxes, he said.
“Consequently, absent a court order or some type of binding agreement, the problem could recur,” Walczak told Newswatch 16 on Sunday. “Unless we negotiate a binding agreement before Monday, we believe the hearing must take place and the court needs to issue a decision clarifying lines of authority.”
Crocamo’s attorney, Mark Cedrone, could not immediately be reached for comment.
Crocamo initially told county election officials Sept. 18 that the county would not deploy its four drop boxes — a symbol of political contention — amid financial and security concerns.
The decision touched off weeks of controversy.
Critics said it disenfranchised voters, eroded public trust and raised concerns of administrative overreach. Others praised Crocamo for providing peace of mind to those worried about fraud. (Groups, including the ACLU, have said there's been no substantiated case of abuse or fraud regarding drop boxes.)
State Sen. Marty Flynn called on state Attorney General Michelle Henry to weigh in, which Crocamo echoed.
Henry last week responded that only the county election board could issue directions on drop boxes. Crocamo emailed county council Friday that the government will see to their deployment.
That seemed to clear up whether drop boxes would be used in the election, but the ACLU said a judge still needed to clarify who had the final say.
In an email Saturday to Newswatch 16, Cedrone said Crocamo “does not concede” her executive authority is outweighed by the board, which, according to Cedrone’s brief in the lawsuit, “has neither funding, manpower, nor capacity to implement its ballot drop boxes.”