LUZERNE COUNTY, Pa. – The American Civil Liberties Union of Pennsylvania has filed a lawsuit on behalf of Luzerne County voters and In This Together NEPA over the county manager’s decision to remove all mail ballot drop boxes ahead of the 2024 general election.
Earlier this month, the Luzerne County manager unilaterally decided to remove all the mail ballot drop boxes in the county, citing vague election security concerns. This move usurped the lawful authority of the county board of elections, which by state law is empowered to regulate Luzerne County elections. The county manager is not a member of the board of elections.
Since 2020, the five member Luzerne County Board of Elections has regularly approved the installation of four mail ballot drop boxes across the county. The county has used drop boxes in every election since then. The board’s most recent vote to again use drop boxes occurred in February 2024, and they were used for the primary election in April.
“Drop boxes are a safe, secure, and easy way to ensure mail ballots are returned timely, and they are especially important for people with disabilities and those experiencing last-minute difficulties going to the polls on Election Day,” said Witold Walczak, legal director of the ACLU of Pennsylvania. “The county manager had no legal authority to pull this end run around the board of elections’ decision to continue offering Luzerne County county voters a safe and easy option to vote by mail, and we hope the court will quickly restore the four drop boxes.”
“In This Together NEPA is committed to ensuring the rights of all voters are upheld,” said Beth Gilbert, voting and elections manager at In This Together NEPA. “We strongly believe that the decision to eliminate drop boxes is both harmful and unlawful, and we are asking the court to act swiftly to restore access to this vital voting option.”
Upon learning of the county manager’s actions, the ACLU of Pennsylvania sent a letter to the county manager on September 24, urging the restoration of the drop boxes, but has not received a response.
You can read the full legal filing at aclupa.org/LuzerneDropBoxes. The Borland & Borland law firm are local cooperating counsel for the ACLU of Pennsylvania and will be presenting a motion for injunction to the Luzerne County Court of Common Pleas.
