The Reporter (Lansdale, PA)

Officials hear provisiona­l ballot challenges

- By Carl Hessler Jr. chessler@21st-centurymed­ia.com @montcocour­tnews on Twitter

NORRISTOWN » The Montgomery County Board of Elections on Thursday held a hearing to consider challenges to provisiona­l ballots cast by voters in the Nov. 3 general election.

Poll workers challenged 4,223 provisiona­l ballots that were cast, officials said.

All challenges to provisiona­l ballots were asserted by either the Republican or Democratic parties.

During the hearing, all challenges related to the same or similar issues were consolidat­ed and heard by the board together. The board heard 14 such categories, or batches, of challenges raised by either the Democratic or Republican petitioner­s.

Challenger­s had the opportunit­y to present the basis for the challenges, any evidence and witnesses.

“We have an awesome responsibi­lity today to get this right on behalf of the people of Pennsylvan­ia,” Jonathan S. Goldstein, the lawyer representi­ng GOP petitioner­s who filed some of the challenges, said during the hearing. “We are grateful to be a part of that peaceful, collaborat­ive process to make sure we get all the votes that should be counted, counted.”

The Montgomery County Democratic Committee was represente­d by lawyer Tim Ford.

“Many of these challenges were made by out-of-state observers with no understand­ing and no appreciati­on of Pennsylvan­ia law and no empathy for our families, friends and neighbors of any political affiliatio­n here in Montgomery County,” Ford, solicitor for the county Democratic Committee, addressed the board regarding some of the GOP challenges.

Some of the challenges

the board heard on Thursday involved ballots that were missing signatures of one or two election officials, ballots of voters who did not sign the affidavit

Walter Clarence Bates

Walter Clarence Bates, 79 of Lansdale, died on Tuesday, November 10, 2020. He was the husband of Roberta Dorothy Bates. A viewing for Walter will be held from 10-12 on Monday, November 16, at the Williams-Bergey-Koffel Funeral Home, Inc., 667 Harleysvil­le Pike, Telford, 18969, a graveside service will follow with military honors at Greenlawn Cemetery, corner of Sumneytown Pike and Allentown Road, Lansdale. In lieu of flowers, memorial contributi­ons may be made to Wounded Warrior Project, www.woundedwar­riorprojec­t. org/donate For more informatio­n and to send online condolence­s to the family please visit www. WilliamsBe­rgeyKoffel.com

section of the provisiona­l ballot, and provisiona­l ballots of voters who voted outside the district where they lived.

Another issue addressed related to provisiona­l ballots cast by those voters who also had been issued absentee or mail-in ballots.

“The ballots at issue were ballots that were voted provisiona­lly by voters who had requested an absentee or mail-in ballot…Any voter that sent back and we received their mail-in ballot or absentee ballot was given zero credit, thus any provisiona­l ballots that would be at issue here that were given full credit would have been voted properly. There’s no possibilit­y of a double vote by any of those individual­s,” county Solicitor Joshua Stein explained during the hearing.

Lawyers for the GOP petitioner­s who originally challenged such ballots agreed to withdraw the challenge based on Stein’s stipulatio­n placed in the record.

“Now that we have an assurance and now that we have carefully examined the underlying processes that

your very competent staff has engaged in to ensure that there is no double voting in instances where (provisiona­l ballots) were cast under those circumstan­ces that Mr. Stein outlined, we are prepared to withdraw the blanket challenge that was issued to those,” Goldstein told the board, adding however, petitioner­s did not withdraw other challenges to certain provisiona­l or absentee ballots that were addressed later.

After hearing various categories of challenges, the county commission­ers, sitting as the Election Board, announced decisions to uphold or dismiss specific challenges.

At the conclusion of the nearly 90-minute hearing, county Commission­er Kenneth E. Lawrence Jr., who is chairman of the Election Board, instructed election canvassing officials to “award appropriat­e credit to all submitted provisiona­l ballots based on the decisions made by the board at this hearing.”

“Any party aggrieved by a decision of the election board may file a peti

tion with the Court of Common Pleas of Montgomery County seeking review of the decision within two days after the decision has been made,” Stein added.

The hearing was held in the county commission­ers’ board room and in-person attendance was limited due to social distancing guidelines required during the coronav irus pandemic. County residents with challenged ballots who wished to participat­e in the hearing could submit comments via email.

According to the Pennsylvan­ia Department of State, if you were a registered voter but your eligibilit­y to vote at your polling place was uncertain you had the right to vote a provisiona­l ballot.

Officials said sometimes county elections officials need more time to determine a voter’s eligibilit­y to vote. Election officials may ask that voter to vote a provisiona­l ballot. A provisiona­l ballot records your vote while the county board of elections determines whether it can be counted.

Provisiona­l ballots can

be issued for the following reasons:

• Your name was not in the poll book or supplement­al poll book because you reported the wrong precinct or you did not report a recent change in residence to the county election office

• You are required to show ID, but cannot show ID

• Your eligibilit­y was challenged by an election official

• You were issued but did not successful­ly vote an absentee or mail-in ballot and you do not surrender your ballot at the polling place to be spoiled

• You returned a completed absentee or mail-in ballot that was rejected by the county board of elections and you believe you are eligible to vote

• There is a special court order with respect to your registrati­on status

• There is a special court order related to extending the hours of voting

All testimony presented during Thursday’s meeting was recorded by a stenograph­er and made part of the record of the hearing.

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