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COUNTY EXECUTIVE IS VIOLATING PENNSYLVANIA ELECTION LAWS, NEW LAWSUIT ALLEGES

WASHINGTON, DC – RITE is supporting litigation brought by Allegheny County Board of Elections member Sam DeMarco and four county voters in their effort to stop County Executive Sara Innamorato’s blatant disregard for Pennsylvania election law and the Commonwealth’s Sunshine Act.

Pennsylvania law is clear that any decision to establish “Satellite Election Offices” – commonly referred to as ballot drop boxes – rests with the county board of elections and can be made only after the board has given the public an opportunity to be heard on the matter. County Executive Innamorato ignored these fundamental tenets of Pennsylvania law, and decreed, without input from either the board or the public, not only to revive the practice of operating Satellite Election Offices, but also where to place them, and how to staff them.

“County Executive Innamorato cannot ignore her legal obligations to consult with other members of the county board of elections and the public no matter how eager she may be to impose her will on the citizens of Allegheny CountyThe County Executive may not care what her fellow citizens have to say about ballot drop boxes, but she is required by law to at least hear them out. And while she may wish she could dispense with her fellow board members, on this issue, she is but one vote among three. Under the law, whether Allegheny County will once again operate Satellite Election Offices is to be deliberated and resolved, not dictated and decreed.”

– Derek Lyons, President of RITE

“There has been no communication at all from the County Executive, leaving no option but to pursue litigation. Instead of working to set hearings and a vote, the county executive is doubling down on breaking the rules. The Board of Elections is the proper venue to make this decision. I’m hopeful we can resolve this issue before voting begins.”

– Sam DeMarco, a member of the Board of Elections.

Background

On February 22, 2024, Allegheny County Executive Sara Innamorato issued a press release stating that the county would operate five new drop box locations leading up to the upcoming presidential primary on Tuesday, April 23. Innamorato acted alone, without public input or approval from the county board of elections, both of which are required by law. The lawsuit argues that any decision to use drop boxes must be made by the county board of elections after having provided the public an opportunity to be heard. Inamorato’s decision, made behind closed doors, violates Pennsylvania’s Election Code and Sunshine Act, the latter of which ensures transparency and promotes accountability in government decision making.

The lawsuit asks the court to block implementation of Inamorato’s unilateral and unlawful decision to operate drop boxes in the upcoming primary.

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Andrew C. McCarthy

Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included 

the 1993 World Trade Center  bombing and a plot to  bomb New York City landmarks. After working on other national security cases, including investigations in Africa after the 1998 bombings of U.S. embassies in Kenya and Tanzania, he helped supervise the Justice Department’s command center near ground-zero in lower Manhattan following the 9/11 attacks. During his 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. He taught trial advocacy at New York Law School, and constitutional issues in criminal law at Fordham Law School. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. In addition to his regular columns at National Review, Andy writes frequently for other major national publications. His most recent New York Times bestselling book is Ball of Collusion(Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).

Andrew C. McCarthy

Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included 

the 1993 World Trade Center  bombing and a plot to  bomb New York City landmarks. After working on other national security cases, including investigations in Africa after the 1998 bombings of U.S. embassies in Kenya and Tanzania, he helped supervise the Justice Department’s command center near ground-zero in lower Manhattan following the 9/11 attacks. During his 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. He taught trial advocacy at New York Law School, and constitutional issues in criminal law at Fordham Law School. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. In addition to his regular columns at National Review, Andy writes frequently for other major national publications. His most recent New York Times bestselling book is Ball of Collusion(Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).

Bobby Burchfield

Bobby R. Burchfield is a co-founder, with Karl Rove, of Restoring Integrity and Trust in Elections, Inc., and currently serves as RITE’s Chairman. Before retiring from the practice of law in March 2021, after serving as a partner in three international law firms, Bobby was a trial and appellate  lawyer who tried cases before judges and juries and argued appeals throughout the United States. His cases addressed a broad  range of subjects  including antitrust, commercial  disputes, constitutional law,  election law, and class action issues. Bobby argued two important First Amendment cases

in the Supreme Court of the United States (McConnell v. FEC and McCutcheon v. FEC), as well as two dozen appeals in the lower courts. Over a 40-year career, Bobby never lost a jury trial. Among other recognitions, he was listed for many years in Best Lawyers in America, and Chambers Partners rated Bobby highly for Commercial Litigation and for Election Law. Bobby is an Adjunct Professor at George Washington Law School, teaching a seminar entitled “Fundamentals of Free Speech as Applied to Contemporary Issues.” He also serves on the Board of Trustees at Wake Forest University, is Vice President for Finance for the Executive Board of the National Capital Area Council of the Boy Scouts (NCAC), is Chair of two Super PACs, and serves on the Dean’s Advisory Board of the George Washington Law School. A graduate of Wake Forest University (BA 1976 with distinction in Economics and Political Theory) and the George Washington Law School (1979 with high honors), where he served as Editor-in-Chief of the Law Review, Bobby clerked for the Hon. Ruggero J. Aldisert of the United States Court of Appeals for the Third Circuit. He served as General Counsel of President George H.W. Bush’s Re-Election Campaign in 1992, by appointment of President George W. Bush on the Antitrust Advisory Commission (2005-07), and at the request of President Donald J. Trump as Ethics Advisor to the Donald J. Trump Revocable Trust (2017-2021).

Bobby Burchfield

Bobby R. Burchfield is a co-founder, with Karl Rove, of Restoring Integrity and Trust in Elections, Inc., and currently serves as RITE’s Chairman. Before retiring from the practice of law in March 2021, after serving as a partner in three international law firms, Bobby was a trial and appellate  lawyer who tried cases before judges and juries and argued appeals throughout the United States. His cases addressed a broad  range of subjects  including antitrust, commercial  disputes, constitutional law,  election law, and class action issues. Bobby argued two important First Amendment cases

in the Supreme Court of the United States (McConnell v. FEC and McCutcheon v. FEC), as well as two dozen appeals in the lower courts. Over a 40-year career, Bobby never lost a jury trial. Among other recognitions, he was listed for many years in Best Lawyers in America, and Chambers Partners rated Bobby highly for Commercial Litigation and for Election Law. Bobby is an Adjunct Professor at George Washington Law School, teaching a seminar entitled “Fundamentals of Free Speech as Applied to Contemporary Issues.” He also serves on the Board of Trustees at Wake Forest University, is Vice President for Finance for the Executive Board of the National Capital Area Council of the Boy Scouts (NCAC), is Chair of two Super PACs, and serves on the Dean’s Advisory Board of the George Washington Law School. A graduate of Wake Forest University (BA 1976 with distinction in Economics and Political Theory) and the George Washington Law School (1979 with high honors), where he served as Editor-in-Chief of the Law Review, Bobby clerked for the Hon. Ruggero J. Aldisert of the United States Court of Appeals for the Third Circuit. He served as General Counsel of President George H.W. Bush’s Re-Election Campaign in 1992, by appointment of President George W. Bush on the Antitrust Advisory Commission (2005-07), and at the request of President Donald J. Trump as Ethics Advisor to the Donald J. Trump Revocable Trust (2017-2021).