The Morning Call (Sunday)

Pa. seeks legal costs from county

State asking for reimbursem­ent for election battle

- By Mark Scolforo

HARRISBURG — A rural Pennsylvan­ia county and its elected officials may have to pay the state elections agency hundreds of thousands of dollars to reimburse it for legal fees and litigation costs in a three-year battle over allowing outsiders to examine voting machines to help former President Donald Trump’s claims of election fraud.

Last week, Secretary of State Al Schmidt asked a “special master” appointed by the Supreme Court to order the Republican-controlled Fulton County government, Commission­er Randy Bunch, former Commission­er Stuart Ulsh and their lawyer Thomas Carroll to repay the state an updated total of $711,000 for outside counsel’s legal fees and related costs.

Most of the latest set of $263,000 in fees, wrote Schmidt’s lawyers, came about because the Fulton officials “requested an evidentiar­y hearing regarding the appointmen­t of a third-party escrow agent to take possession of the voting machines at issue — and then did everything in their power to delay and obstruct both the hearing itself and, more generally, the impoundmen­t of the voting machines ordered by the Supreme Court.”

The reimbursem­ent request was made based on a decision against the county issued by the high court in April.

The state Supreme Court this week also cautioned Fulton County officials that they must go through a lower-court judge before turning over voting equipment after the commission­ers decided to allow a lawyer who has sought to reverse Trump’s 2020 reelection loss to “utilize” the evidence for her clients “with common interests.”

The county’s lawyer defended the 2-1 vote by the Fulton Board of Commission­ers in December to provide Trump ally Stefanie Lambert, a Michigan attorney, with “evidence” used by the outside groups that the GOP officials let examine the Dominion Voting Systems Inc. machines in 2021 and 2022.

The court, Carroll wrote in a recent filing, “cannot enjoin Fulton County, or any other party from joining in litigation in which Dominion is involved.”

In a brief phone interview Friday, Ulsh said he wasn’t aware of the recent filings, including the reimbursem­ent request.

“If the commission­ers want me to know something, they’ll surely tell me,” Ulsh said. “I don’t go into that office. I don’t step in their business.”

Carroll and Bunch did not return phone messages seeking comment.

The justices’ brief order issued Wednesday also turned down a request by Fulton County to put on hold a judge’s order selecting the independen­t safekeeper for

the Dominion machines the county used during the election, won by President Joe Biden.

The justices last year ordered that the Dominion-owned machines be placed in the custody of a “neutral agent” at the county’s expense, a transfer that

Carroll said in a recent filing occurred last month.

Fulton County, with about 15,000 residents and in south-central Pennsylvan­ia on the Maryland border, gave Trump more than 85% of its vote in 2020. Trump lost Pennsylvan­ia to Biden by more than 80,000 votes.

 ?? FILE ?? Election Bureau Director Albert L. Gricoski, left, opens provisiona­l ballots alongside election bureau staff Christine Marmas, right, while poll watchers observe at the Schuylkill County Election Bureau in Pojttsvill­e, Pa. on Nov. 10, 2020.
FILE Election Bureau Director Albert L. Gricoski, left, opens provisiona­l ballots alongside election bureau staff Christine Marmas, right, while poll watchers observe at the Schuylkill County Election Bureau in Pojttsvill­e, Pa. on Nov. 10, 2020.

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