RNC Fully Withdraws Election Lawsuit Against Montgomery County

NORRISTOWN, PA — The Republican National Committee has fully withdrawn the lawsuit they filed against Montgomery County in which they claimed the county violated election law by not performing proper testing on their voting machines before early ballots were mailed out to voters.

This full withdrawal comes just days after the RNC withdrew their preliminary injunction, which had requested a judge to order the county to cease sending out ballots altogether. When they announced the withdrawal, the RNC claimed victory and alleged that their suit had forced the county to "admit the truth."

Montgomery County officials called it baseless and suggested it was a gross distortion of the truth.

“The withdrawal of this lawsuit and failure of the second lawsuit demonstrate that, in Montgomery County, facts still matter," Montgomery County Commissioner and elections chief Neil Makhija said in a statement. "As Montgomery County continues to be a leader in protecting the voting rights of our citizens, the RNC has failed in their efforts to suppress the right to vote."

In a memorandum opinion on the case, Judge Richard P. Haaz rejected the RNC's claims.

"‘Petitioners have failed to produce any evidence that Montgomery County’s process was unlawful or inaccurate,'” he wrote.

Specifically, the suit claimed that 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.

In reality, the county did complete the testing, but it was completed on Sept. 10, before the Pennsylvania Secretary of State's certification of the final ballot occurred on Sept. 16. Montgomery County says its just an effort to undermine the election.

The lawsuit made national news and has drawn the attention of major Internet figures on the right — such as Jack Posobiec— who have used social media to get engagement on the issue from hundreds of thousands of supporters.

RNC Chairman Michael Whatley said that they had succeeded in holding the county accountable.

"Rules, safeguards, and laws are critical to ensuring there are no holes in the system that undermine voters or election integrity," he said.

"Despite their objective to cast doubt on the process, the justice system has proven that their claims held no water," Makhija said Thursday. "Our election team here in Montgomery County is extraordinary in their diligence, and we will continue to protect every eligible vote cast.”

The county says that 81,929 mail in ballots have already been returned in Montgomery County.