Pennsylvania provides several legal protections to prevent election officials from refusing to fulfill their statutory election duties.
Under Pennsylvania law, County Boards of Elections have until the third Monday following Election Day to certify returns to the Secretary of the Commonwealth. 25 P.S. § 2642(k). The statute provides no exception for officials to delay certification. 25 P.S. § 2642(k). This election duty is ministerial, meaning that election officials have no discretion to disregard. 25 P.S. § 3548. In re Mun. Reapportionment of Twp. of Haverford (Pa. Cmwlth. 2005) at 833 n. 17. The remedy for a County Board of Elections refusing to certify is for parties with standing (such as the Secretary of the Commonwealth or voters of the county) to seek injunctive and declaratory relief in the Court of Common Pleas to compel the County Board of Elections to certify election results. In recent years, several counties have been sued for their failure to timely certify election results. For example see Cartwright v. Luzerne County Board of Elections (2022).
It is up to the Secretary of the Commonwealth, Attorney General, District Attorneys, and ultimately voters to ensure that officials acting in bad faith face formal consequences for their actions. This can be accomplished through the courts. The Pennsylvania Election Code outlines multiple legal consequences that election officials could face for illegal conduct or failure to fulfill their statutory election duties. 25 P.S. §§ 3501 — 3556.
Additionally, the Attorney General has the jurisdiction and power to pursue prosecution of all violations committed under the election code. 25 P.S. § 3555. The District Attorney of any county in which a violation has occurred also has concurrent powers and responsibilities with the Attorney General in this area. 25 P.S. § 3555.
Under the Pennsylvania Election Code, election officials could be charged with a misdemeanor for certain illegal conduct or their failure to fulfill their statutory duty. The applicable violations are all misdemeanors, which, while less serious than felonies, can still carry jail time and hefty fines. For example, it is a misdemeanor for any person to violate any provision of the Pennsylvania Election Code. 25 P.S. § 3550. It is also a misdemeanor for any person to intentionally hinder, delay, or attempt to interfere with any person in the performance of an election act or duty. 25 P.S. § 3549. Election officials, members of County Boards of Elections, or other officials with election duties could also be charged with a misdemeanor for their failure, refusal, or willful neglect to perform an election duty. 25 P.S. § 3548.
The County Board of Elections is required to investigate fraud, preserve evidence of fraud for prosecution, and otherwise work with the District Attorney to prosecute fraud related to voting. 25 P.S. § 2642(i). The County Board of Elections also takes action in light of evidence of error or fraud during the canvass. 25 P.S. § 3154(d). Evidence of error or fraud does not stop a county from computing and certifying the votes. 25 P.S. § 3154(d). However, clear guidance is not provided in the statute as to how they should resolve issues of fraud. 25 P.S. § 3154(d). The statute provides that “if any error or fraud is discovered, the county board shall compute and certify the votes justly regardless of any fraudulent or erroneous returns presented to it, and shall report the facts to the district attorney of the proper county for action.” 25 P.S. § 3154(d)(3).
The Chief Clerk or Election Director has administrative and operational oversight over elections. This includes oversight of election activities generally and absentee and mail ballot processing; implementation of departmental policies and procedures; supervision of other staff; and communication of updates and reports to the Board of Elections. “Luzerne DoE Job Description” & “PennLive DoE Wave.”
The Court of Common Pleas can appoint election overseers if necessary to protect the integrity of an election in a particular district. 25 P.S. § 2685. On petition from five voters in the district, the Court of Common Pleas appoints two overseers, from different political parties. 25 P.S. § 2685. These individuals are tasked with ensuring that the polling place operates fairly, and are empowered to supervise proceedings and must sign the final returns. 25 P.S. § 2685. The court is authorized to reject votes if overseers are not allowed access or if they are driven away from the polls by violence or intimidation. 25 P.S. § 2686. The court is given wide discretion to act as they “may deem necessary to a just and proper disposition of the case.” 25 P.S. § 2686.