Montco Downplays Lawsuit: 'Everything Within Election Code'

MONTGOMERY COUNTY, PA — Democratic leaders in Montgomery County and nationally said late Tuesday that they did nothing wrong in notifying voters of errors on their ballots, and expressed confidence that the lawsuit filed by Republicans would not measurably impact the final election results in the crucial swing state of Pennsylvania.

The suit, brought forth by Republican Congressional candidate Kathy Barnette, alleges that the county's "pre-canvassing" of ballots before 7 a.m. Tuesday represents a breach of the law. It drew a response from the Democratic National Committee in the early morning hours Wednesday, as a motion to intervene in the suit was filed.

"We believe that everything was done was within our Election Code," Montgomery County Commissioner and elections chair Ken Lawrence said Tuesday, while declining to go into further specifics of pending litigation. "We gave voters the opportunity to correct any deficiencies in their ballot."

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Barnette was defeated by the incumbent Democrat dean in the race for Pennsylvania's 4th District, the Associated Press projected late Tuesday.

The DNC motion to intervene in the suit cites several points, including the point that the "DNC's interests are not adequately represented" by Montgomery County alone, and that denying the motion would prevent the DNC from "protecting its interests."

Earlier in the evening, Pennsylvania Secretary of State Kathy Boockvar concurred with Lawrence.

"There's absolutely nothing in Pennsylvania law that prohibits that practice," she said.

The suit states that at least 1,200 ballots should be discounted, but Lawrence said that only 49 are impacted.

"My understanding is there's not overwhelming numbers of voters who were in these positions," Boockvar added. "So I don't think this is going to be a huge issue no matter which way it goes."

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A hearing on the lawsuit will be heard before U.S. District Judge Petree Tucker at 9 a.m. Wednesday.