Court sides with state over Pennsylvania county's handling of voting machines after 2020 election

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Court sides with state over Pennsylvania county's handling of voting machines after 2020 election

2025-01-01 01:57 Last Updated At：02:02

HARRISBURG, Pa. (AP) — A Pennsylvania court on Tuesday ruled 6-1 that the secretary of state has the authority to direct counties not to allow “unauthorized third party access” to voting machines or risk having those machines decertified and unable to be deployed for elections.

The Commonwealth Court said the Department of State does not have to reimburse counties when they decertify machines, a defeat for Fulton County in a dispute that arose after two Republican county commissioners permitted Wake Technology Services Inc. to examine and obtain data from Dominion voting machines in 2021.

That led the state elections agency to issue a directive against such third-party access based on concerns it could compromise security. Fulton's machines were decertified as a result of the Wake TSI examination and the secretary of state was sued by the county as well as Republican county commissioners Randy Bunch and Stuart Ulsh.

Fulton had argued it had broad authority over the voting machines, while the secretary of state said that “would mean that every county board of elections can do whatever it wants” with electronic voting systems under their authority to inspect elections, “an absurd and unreasonable result,” wrote Judge Renee Cohn Jubelirer for the majority.

She said a 1937 state election law gave county election boards broad power, but state lawmakers amended it “to give the secretary an important role in ensuring statewide consistency and safety” regarding electronic voting systems. The state and local power balance over elections and voting equipment, the majority said, helps “protect and provide for free and fair and secure elections.”

“There is no conflict between those provisions, and it is entirely possible — indeed necessary — for county boards of elections to fulfill their powers and duties while heeding the secretary’s report and directives,” Jubelirer wrote for the majority.

The Department of State issued a statement saying it was pleased with the decision and that the adminstration of Democratic Gov. Josh Shapiro “is committed to ensuring the free and secure administration of elections, and today’s decision recognizes that the secretary is empowered to keep voting systems secure from unauthorized third-parties seeking to undermine confidence in Pennsylvania’s elections.”

The Fulton County board, through chief clerk Stacey Shives, declined comment about the decision. Messages seeking comment were left Tuesday for Fulton County's lawyers, Tom Carroll and Jim Stein.

The officials in Fulton, a 15,000 population county in rural central Pennsylvania, brought in Wake TSI and allowed another outside inspection as part of an effort to find the sort of election fraud that then-President Donald Trump falsely claimed existed after his 2020 reelection loss. Fulton heavily supported Trump in all three of his presidential campaigns. Ulsh is no longer an elected county commissioner.

Fulton replaced the voting machines, which were impounded by the court during the dispute over allowing others to access them.

The Latest: House speaker vote begins as Mike Johnson fights for reelection

2025-01-04 01:58 Last Updated At：02:01

WASHINGTON (AP) — The 119th Congress is convening for the first time on Friday and House Speaker Mike Johnson is fighting for his political life — again.

While the Louisiana Republican has the support of President-elect Donald Trump, it will be House Republicans who will decide whether to reelect him to his post as Speaker of the House. Far-right Republicans have at times grown frustrated with Johnson’s leadership and are prone to demanding concessions when their votes become essential.

A flop by Johnson could throw Monday’s congressional certification of Trump’s 2024 election victory into turmoil without a House speaker.

Here's the latest:

Rep. Lisa McClain, R-Mich., said achieving perfection requires incremental gains and hard decisions.

“None of us will get exactly what we want,” she said.

The message is aimed at some of the most conservative members of the House Republican conference who have come into Friday’s vote without previously committing to Johnson.

House Republican Conference Chair Lisa McClain kicked off the speaker election by nominating Mike Johnson to be the speaker for the 119th Congress.

1. Nominations

Once the House is in a quorum — meaning the minimum number of members are present to proceed — nominating speeches will be made on behalf of the nominees for speaker. Republicans chose Johnson as their nominee for speaker in a closed-door vote in November. A week later, Democrats unanimously chose Rep. Hakeem Jeffries, D-N.Y., to remain their leader despite the party’s electoral losses.

2. Voting

Lawmakers call out the name of their choice for speaker from the floor, a rare and time-consuming roll call. Members often liven up the proceedings by shouting or standing when casting their vote. Lawmakers are not obligated to vote for their party’s nominated candidate. Any name can be called out from the House floor. While it has been the tradition for the speaker to be a member of the House, it is not required.

3. Results

Should Johnson come up short, it is likely the clerk will move immediately to start another roll call vote. If a speaker candidate wins a majority of those present and voting, a bipartisan committee, usually consisting of members from the home state of the chosen candidate, will escort the speaker-elect to the chair on the dais where the oath of office is administered.

As Johnson’s political fate hangs in the balance, members are using this time to take selfies with the Louisiana Republican.

GOP lawmakers are bringing their babies, grandbabies and siblings to take a photo with the speaker before the House begins his reelection vote.

The next speaker must receive a majority of the votes cast. If not, balloting continues until someone meets that threshold.

Two years ago, it took Kevin McCarthy 15 rounds of balloting before he gained enough support to take the gavel.

Those voting won their election in November, but they cannot take the oath of office until a new speaker has been elected.

New and returning lawmakers donned their Sunday best to the first day of the new Congress, with many of the women adhering to the traditional colors of their political party.

Red ties and dresses for Republican members can be seen scattered across the House floor while across the aisle Democratic women styled various shades of blue.

Johnson commands one of the slimmest majorities in modern times, 220-215, having lost seats in the November election.

The abrupt resignation of Rep. Matt Gaetz of Florida drops his tally to 220.

That leaves him relying on almost every Republican for support in the face of Democratic opposition, though the typical 218 majority needed could shift with absences and others voting only “present.”

Before his election for speaker can begin, Speaker Mike Johnson opened Friday’s session by declaring that the 118th Congress has come to a close.

On his way to the House floor earlier, he was asked by reporters if he will win the speakership during the first round of voting.

“I hope so. We’ll see,” he said.

Lawmakers are quickly filtering into the House chambers for the start of the 119th Congress, where the first order of business will be a quorum call and then a roll call vote to elect the next speaker.

For now, it’s a festive atmosphere with many lawmakers bringing their children onto the House floor with them to take in some history.

Soon, it will become more serious as the speaker vote is held.

Rep. Mike Johnson, R-La., has the backing of President-elect Donald Trump, but can’t afford hardly any holdouts from the Republican side of the room if he hopes to return to holding the gavel.

Democratic lawmakers are standing and applauding as Democratic Rep. Nancy Pelosi has entered the House chamber as a new Congress begins to gather.

The former speaker had hip replacement surgery recently at a U.S. military hospital in Germany after falling while at an event in Luxembourg with other members of Congress.

The former speaker walked gingerly to a seat in the middle of the chamber. Several colleagues moved quickly to greet her.

New and returning lawmakers walked around the chamber, taking selfies with their children and families ahead of what is expected to be a contentious few hours as Republicans fight amongst themselves to elect a speaker.

Johnson commands one of the slimmest majorities in modern times, 220-215, having lost seats in the November election. That leaves him relying on almost every Republican for support in the face of Democratic opposition.

Here’s a look at some of the Republicans who’ve signaled they may vote against him:

The speaker’s election is set to dominate the opening of the new Congress, but the day will also bring a roster of history-making members.

In the Senate, two Black women — Lisa Blunt Rochester of Delaware and Angela Alsobrooks of Maryland — will be sworn in, the first time in the nation’s history two Black women senators will serve at the same time.

Sen.-elect Andy Kim of New Jersey also is making history as the first Korean American to join the chamber.

In the House, Sarah McBride is the first openly transgender person in the Congress.

And Speaker Emerita Nancy Pelosi, who recently suffered a fall overseas and underwent hip replacement surgery, will make her own return to Washington, a reminder of the power she wielded when Democrats last held the majority.

The speakership has been vacant only 13 times in U.S. history, according to the nonpartisan Congressional Research Service. No speaker had ever been removed until eight Republicans joined with Democrats to oust McCarthy.

Barring those instances, a speaker is normally elected at the start of a new Congress and serves in the job for the full two-year session.

House Speaker Mike Johnson walked into the Capitol on Friday morning seemingly optimistic about his chances of being reelected speaker by his conference despite growing frustrations amongst far-right members of the party.

When asked by a reporter what his message was to his holdouts, the Louisiana Republican said, “We need to unify,” adding that the speaker election “is not just about one person but about moving forward with the America First agenda, the mandate given forward by the American people.”

Johnson denied that he was making any back-door deals.

“There is no quid pro quo here. I don’t do anything in exchange for a vote other than commit to make this institution work as effectively and efficiently as possible,” he said.

President-elect Donald Trump called the U.S. House speaker “a fine man of great ability” and wished him good luck on Friday, when the new Congress convenes and Republican lawmakers will decide whether to reelect Mike Johnson to lead their party.

Trump endorsed the Louisiana Republican earlier this week, but whether that support will be enough is unclear. Trump said Johnson “is very close to having 100% support,” but some members of the far right have grown increasingly frustrated with Johnson’s leadership and his handling of funding fights such as the recent short-term spending bill.

“A win for Mike today will be a big win for the Republican Party,” Trump posted on Truth Social.

Johnson’s weak grip on the gavel threatens not only his own survival but Trump’s ambitious agenda of tax cuts and mass deportations as Republicans sweep to power in Washington.

A flop by Johnson could throw Monday’s congressional certification of Trump’s 2024 election victory into turmoil if there is no speaker.

Johnson commands one of the slimmest majorities in modern times, having lost seats in the November election, leaving him relying on almost every Republican for support and with nearly no votes to spare.

Electing a speaker is the first order of business for the U.S. House after a new session of Congress begins at noon. It’s a vote that members take even before being sworn into office.

The House cannot organize until it has a speaker because that person effectively serves as the House’s presiding officer and the institution’s administrative head. The House can elect a new speaker at any time if the person occupying that role dies, resigns or is removed from office.