Frey and Sherman v. D’Agostino et al.

  • Filed: 05/10/2022
  • Status: Open
  • Court: Lancaster County Court of Common Pleas
  • Latest Update: May 10, 2022
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The Lancaster County commissioners failed to properly notify the public at least 24 hours in advance that they would be considering the elimination of their one ballot dropbox at their April meeting, as required by the state’s Sunshine Act.

On April 13, 2022, the Lancaster County commissioners met as the county’s board of elections and reached a decision, without voting, to eliminate the county’s one drop box for voters to deliver their mail and absentee ballots, which was located in the lobby of the county building. The commissioners failed to properly notify the public at least 24 hours in advance that they would be considering this issue at their meeting, as required by the state’s Sunshine Act.

On May 10, ACLU-PA filed a lawsuit in the Lancaster County Court of Common Pleas on behalf of two county residents, asking the court to enforce the act and prohibit the commissioners from eliminating the drop box until they hold a meeting with proper public notification.

Pennsylvania’s primary election will be held on Tuesday, May 17, 2022.

Attorney(s):
Witold Walczak and Marian Schneider of the ACLU of Pennsylvania
Pro Bono Firm:
J. Dwight Yoder and Sheila O’Rourke of Gibbel Kraybill & Hess LLP