State of Pennsylvania

Pennsylvania Allegheny County Ballot Drop Off Locations Challenge

DeMarco v. Innamorato

Lawsuit filed on behalf of at-large Allegheny County Councilman Samuel DeMarco III (R) and four Republican voters against Allegheny County Executive Sara Innamorato (D), Allegheny County and the Allegheny County Board of Elections challenging Innamorato’s decision to provide five staffed ballot drop off locations. Ballot drop off locations or “satellite election offices” provide voters additional staffed locations to submit mail-in or absentee ballots during the 2024 primary and general elections. The plaintiffs allege that Innamorato made the decision to offer these drop off locations or “satellite election offices” without the approval from a majority of the board of elections. They argue Innamorato violated the state’s election code and a local administrative law which gives the board of elections the sole authority to create election policies. They also allege that Innamorato failed to provide the public with any opportunity for a public meeting to discuss a proposal to create these drop off locations. The plaintiffs claim this violates the state’s Sunshine Act which requires the state and local government agencies to hold public meetings before taking any official actions. The plaintiffs are asking the court to block Innamorato and the county from using these drop off locations during the 2024 elections until they hold a public meeting and receive majority approval from the county’s board of elections.

On March 18, the parties entered an agreement requiring the Allegheny County Board to vote on the adoption of drop off sites at its March 20 meeting.

On March 20, the Allegheny County Board unanimously voted to approve the drop off locations. Later that day, the plaintiffs in this case dismissed their lawsuit.

Case Documents

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