RNC Files Lawsuit Against Montco, Says Ballots Sent Out Too Soon

NORRISTOWN, PA — The Republican National Committee filed a lawsuit against Montgomery County this week, claiming that the county illegally began its election and distribution of mail-in ballots without adequately testing its voting equipment. The county has denied any wrongdoing.

Montgomery County mailed out ballots on Sept. 17, the day after Pennsylvania Secretary of State Al Schmidt finalized the ballots. But the county had not completed the necessary "logic and accuracy" testing of its machines, scanners, and ballot-marking devices, as required by state law, before the ballots were sent out, the RNC suit claims.

Republican U.S. Senate candidate in Pennsylvania, Dave McCormick, joined the RNC in the suit.

"(Montgomery County) is the only county in Pennsylvania to have commenced voting without completing L&A testing," the suit states, adding that the county knew they had not completed the mandated safety checks.

County officials said they did complete the necessary testing, and Montgomery County Commissioner and elections chief Neil Makhija said the suit is baseless.

"The RNC’s frivolous lawsuit is just the latest in a nationwide effort to engage in voter suppression, intimidate election officials, and undermine the democratic process," he said. "Our Voter Services staff has been diligently and effectively working to make our elections accessible for every eligible voter. We will continue that work so that Montgomery County voters have a safe, secure, and accessible election."

Montgomery County is the third most populous county in the state, so it's obviously pivotal to the final result of perhaps the most influential battleground state in 2024. The county has also been outspoken about efforts to improve their already high voter turnout.

Related: Montgomery County Seeks Highest Voter Turnout In Nation In 2024

Such legal gamesmanship has been part and parcel of the strategies of both Democrats and Republicans this election cycle. While Republicans attempting to disrupt elections over mail-in ballot-related legalese is nothing new, Democrats have similarly used the courts to their advantage, keeping presidential candidate Cornel West off the ballot in Pennsylvania.

The suit asks that Montgomery County be prevented from sending out any more ballots until that testing is completed. It also asks that the county be required to separately hand count the ballots that were sent out before the testing was completed.

See the full lawsuit here.