Cortés: Lawsuit is Unwarranted

Expressing outrage, Secretary of the Commonwealth Pedro A. Cortés today called “completely unwarranted” the Oct. 17 complaint filed by the Republican Party of Pennsylvania and others against the Department of State regarding voter registration processes, and noted that Pennsylvania is ready to conduct a fair, accurate, accessible and secure election.

“The plaintiffs either do not know how voter registrations are processed or – worse yet – they know but are purposely trying to misinform voters,” he said. “This complaint hides behind the guise of protecting the electoral process when, in fact, it undermines the very foundation of our democracy – solely for political gain.”

Cortés said the meritless suit seeks to have the Department of State implement voter registration and data verification processes that are already in place and have been used by the state and counties for several years. He also noted the lawsuit has the detrimental effect of diverting valuable human and financial resources that could be better used for election-related activities.

“These accusations against the Department of State and the counties are shameful and are an attack on our democracy. Making outright false accusations about the integrity of the electoral process is a very dangerous practice and has no value other than to instill fear. The charges are just another effort to suppress participation in the very foundation of American democracy – the right to vote.

“I am outraged that ‘politics’ has called into question the honesty and integrity of 67 county boards of elections, 67 county election directors and the staff of the Department of State. Election officials are the pillar of our democratic process and they have done exceptional work this year, as they do every year.

“I question the timing of these allegations and note that they were not made in prior years. The simple answer is that there never has been a basis for the allegations and this year is no exception,” he said.

Cortés noted that the three actions the plaintiffs requested the Department of State to undertake have been in place since 2006:



Since Jan. 1, 2006, all of Pennsylvania’s 67 counties have been the primary users of the Statewide Uniform Registry of Electors (SURE) system, Pennsylvania’s voter registration database. The system provides election officials full access to input data about applicants, in order to process applications and perform Help America Vote Act verifications in a timely and efficient manner. The only time the system was not conducting verification checks with the Social Security Administration was when the federal agency shut down its process for a two-day maintenance period. This did not prohibit counties from entering data, and when the system came back online the applications were processed and verified accordingly.

As part of their duties, election officials are required to ask for identification from all first-time registrants. In fact, the SURE system notes new registrants in the poll books, which poll workers use on Election Day to ask first-time voters for identification. The Department has prominently included the first time voter identification requirement in its training materials for county poll workers, including its Election Officials Training Program DVD and Election Officials’ Information Card.


The Department continues to provide guidance to the counties regarding a number of issues, including having an adequate supply of provisional ballots at each polling place in light of the anticipated high voter turnout. In fact, in the 2008 presidential primary, 15,687 provisional ballots were cast of the approximately 3.2 million ballots cast overall, which averages less than two ballots per precinct. Provisional ballots are cast by people whose name does not appear in the poll books and first-time voters who do not present identification.


Many county election officials echo the fact that these activities are already in place.

“County commissioners and voter registration personnel from across the state have been working diligently to avoid any of these allegations against the Department listed in the lawsuit,” said Erick Coolidge, Republican Chair of the Tioga County Commissioners and Election Board. “Both the Department of State and the SURE system have helped tremendously during this record high registration period.”

“As a Beaver County commissioner, a nine-year member of a local board of elections and the Chairman of the County Governance Committee of the County Commissioners Association of Pennsylvania, I am surprised with the complaint regarding voter registration applications filed against the Department of State,” said Charles Camp. “County commissioners of both parties throughout the entire Commonwealth have and will continue to be vigilant in protecting the integrity of elections through application screening processes, the use of the SURE system, and a desire to preserve the fundamental right of voting."

Pennsylvania has laws and safeguards in place that help deter fraud and protect the integrity, accuracy and security of the electoral process. When a county receives a new voter registration, they check it by:



Using the Statewide Uniform Registry of Electors, the state’s voter registration database, to identify duplicate registrations;
Verifying information on voter registration applications using a driver’s license number or the last four digits of the applicant’s social security number; and
Conducting a physical review of the application forms, including a check for questionably similar handwriting.


State law also requires county staff to send a voter identification card to the voter at the voter’s home by first class, nonforwardable mail. If the voter card is returned undeliverable, the county is required to investigate. If the county finds that the individual is not qualified to vote from the address, the county must reject the voter registration application and inform the individual by first class forwardable mail of this action.

In addition, on Election Day steps are taken to prevent ineligible voters from casting their ballots. For example, a first time voter must present an approved form of ID before voting. Additionally, on Election Day, every voter must match his or her signature to the signature in the poll book.

The Department of State continues to encourage county election officials to remain vigilant as they process applications received by the voter registration deadline.

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