The ACLU of Pennsylvania has filed a lawsuit on behalf of Luzerne County voters and an advocacy organization, In This Together NEPA, over the county’s removal of mail ballot drop boxes just weeks ahead of the 2024 general election. 

The decision to remove the drop boxes was made by the county manager, who has no authority to take such an action. Under state law, the county board of elections has the power to regulate elections in the county. The county manager does not hold a seat on the board of elections. 

Since 2020, the Luzerne County Board of Elections has authorized the use of drop boxes for mail ballots in every election, including as recently as the 2024 primary election. 

The lawsuit asks the Luzerne County Court of Common Pleas to issue an injunction and restore the drop boxes as soon as possible.

Attorney(s)

Witold J. Walczak and Marian K. Schneider of the ACLU of Pennsylvania

Pro Bono Law Firm(s)

Sarah L. Borland and Joseph C. Borland of Borland and Borland LLP

Date filed

October 1, 2024

Court

Luzerne County Court of Common Pleas

Status

Filed