NORRISTOWN — A lawsuit brought against the Montgomery County Board of Elections by the Republican National Committee has been withdrawn, county officials said Thursday.
“Petitioners have failed to produce any evidence that Montgomery County has violated any federal or state law,” Judge Richard P. Haaz said in an Oct. 14 memorandum.
The Republican National Committee’s petition for a preliminary injunction against the county election board and elected officials was withdrawn earlier in the month, after an October 7 hearing before Haaz was canceled.
The Republican National Committee, Montgomery County Republican Committee Chairman Christian Nascimento and Republican Senate candidate Dave McCormick had filed the civil complaint in court in late September, accusing county election officials of sending out mail-in ballots before concluding “logic and accuracy testing,” which is mandated by the state to ensure the proper functioning of equipment and systems ahead of an election.
RNC sues Montgomery County, alleges mail ballots sent without doing testing
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After a series of stipulations were reached between the parties to the suit, the plaintiffs withdrew the petition for the injunction, court documents state. This latest action on October 14 showed the lawsuit was also withdrawn, according to a Montgomery County statement released Thursday.
“Petitioners have failed to produce any evidence of any inaccuracies or errors in Montgomery County’s use of the Dominion Democracy Suite 5.5A voting system,” Haaz said in the memorandum. “Petitioners have failed to produce any evidence that the testing procedures employed by Montgomery County are unlawful or inaccurate. The evidence produced in the hearing supports the opposite conclusion — that the Dominion Democracy Suite 5.5A Electronic Voting System has been extremely accurate in properly recording all votes in Montgomery County elections since its implementation.”
The county statement on Thursday made the point that officials did not have further discussions with RNC petitioners prior to the discontinuance filing, adding the county “did not make any concessions in the litigation.”
Montgomery County Election Board Chairman Neil Makhija previously categorized the civil suit as “frivolous” and emphasized safety and security measures being taken for the upcoming election.
“The withdrawal of this lawsuit and failure of the second lawsuit demonstrate that, in Montgomery County, facts still matter,” Makhija said in the statement issued Thursday.
“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,” Makhija said. “Despite their objective to cast doubt on the process, the justice system has proven that their claims held no water. Our election team here in Montgomery County is extraordinary in their diligence, and we will continue to protect every eligible vote cast.”
Montgomery County Election Board Vice Chairwoman Jamila Winder agreed.
“Montgomery County continues to affirm that our voter services operations are following all necessary guidance, and we are pleased to see this nuisance lawsuit be withdrawn,” she said in a statement. “We look forward to putting our resources in Montgomery County toward more productive efforts, like ensuring free, fair, and accessible elections.”
Montgomery County Commissioner Tom DiBello was not mentioned in the Thursday statement. Officials held a press conference in mid-September showcasing election-related preparation and security initiatives.
There’ve been 81,929 mail-in ballots returned as of Thursday, according to a Montgomery County spokesperson.
Voters have until Monday, Oct. 21 to register to vote and Tuesday, Oct. 29 to request a mail-in ballot. All ballots must be returned by the time the polls close, at 8 p.m. on Tuesday, Nov. 5. Visit montcovotes.com for more information about the 2024 election in Montgomery County.
