Pennsylvania Montgomery County Voting Equipment Testing Challenge

Lawsuit filed by the Republican National Committee, Montgomery County Republican Committee, Montgomery County Republican Committee Chairman Christian Nascimento and Republican candidate for U.S. Senate, David McCormick, against the Montgomery County Board of Commissioners, Montgomery County Board of Elections and four local election officials challenging the county’s failure to test its voting equipment ahead of the November 2024 general election. In March 2024, the Pennsylvania Department of State issued a directive instructing all counties to conduct pre-election logic and accuracy testing of all voting equipment before each election. Each county board must then certify the completion of their logic and accuracy testing with the secretary of state at least 15 days before the election. The plaintiffs allege that Montgomery County began to distribute ballots for the November 2024 general election before completing its logic and accuracy testing. They claim the county’s actions violate Pennsylvania election law, and ask the court to temporarily stop the distribution of ballots in Montgomery County until the logic and accuracy testing is complete. The plaintiffs also ask the court to order the county to separate and hand count all ballots that were sent out before testing. 

RESULT: On Oct. 14, 2024, the Republican plaintiffs withdrew their complaint in light of the county providing proof that it performed logic and accuracy testing of its voting equipment. Montgomery County’s ballot distribution will continue uninterrupted.

Last updated: October 17, 2024 4:04 pm EST