ACLU sues Central Pa. county over election transparency

York County limits access to view vote counting process to political appointee watchers

• Jordan Wilkie/WITF
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A man feeds a ballot into a voting machine with help from an election worker.

The ACLU of Pennsylvania is suing York County to gain more access for the public to observe the vote counting process — known as canvassing.

Only poll watchers are permitted by the county to observe the canvass process, according to email exchanges included in the lawsuit. Poll watchers must get certification on behalf of a candidate, party, or political body. 

The ACLU argues the policy is a violation of state law. Pennsylvania’s election code requires counties to publicly count, compute and tally votes, meaning nonpartisan and unaffiliated residents should also have access to witness the counting process, per the lawsuit. 

York County’s solicitor, Jonelle Harter Eshbach, cited space limitations and security risks in an email to the ACLU as a justification for the county policy. 

“The general public may not simply appear and expect to observe the proceedings,” she wrote. “The Canvas is meticulously conducted and cannot be permitted to become a free-for-all. The results could be catastrophic.”

A York County spokesperson said the county cannot comment on pending litigation, but is prepared to defend its policy. 

The legal disagreement began when the ACLU sent a volunteer to observe the counting process in last  November’s municipal elections. The county’s deputy director for elections, Bryan Sheaffer, told the volunteer she could not watch the process without a watcher’s certificate, according to the lawsuit. 

On January 11, the ACLU sent a letter to the county requesting confirmation that it would update its policy to allow nonpartisan observers for the April 23 primary and the November general election. 

Eshbach replied on February 9, stating the county would stick by its policy. 

The ACLU filed its civil lawsuit on March 5 in the state’s Courts of Common Pleas. The suit asks the court to rule before vote counting in the primary.

A collection of interviews, photos, and music videos, featuring local musicians who have stopped by the WITF performance studio to share a little discussion and sound. Produced by WITF’s Joe Ulrich.

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