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The Montgomery County, Pennsylvania, Board of Elections was so eager to send out the first mail-in ballots in the state that it skipped a legally required step in the process, the Republican National Committee (RNC) alleges.

Ballots must be run through the counting machinery for “logic and accuracy testing” before being used in an election, according to Pennsylvania law 25 P.S. §3031.10(d) and a March 7 directive from the Pennsylvania secretary of state. This testing must be done at least 15 days before every election, and certification of testing must be submitted to the Pennsylvania Department of State.

Why the testing? It is a preventive check. Imagine sending out thousands of ballots, then finding out on Election Day that they can’t be properly scanned in the equipment.

Logic and accuracy testing finds ballot errors such as the problems with the location of folds in mail ballots; incorrectly worded ballot questions; missing or improperly labeled races.   

115,000 ballots were requested. The county started mailing them out last week.

Neil Makhija, chair of the Montgomery County Board of Elections, posted on social media Sept. 17 that he cast the first vote in Pennsylvania.  

“I serve as the chief election official in PA’s 3rd largest county — where we’re working to ensure a safe, secure, and accessible election for all,” Makhija posted. “Get ready to vote, Montco! 115,000 ballots are coming to mailboxes this week. In person, our ballots are available NOW. ‼️”

Montco is the local nickname for Montgomery County.

But the Republican National Committee says, slow your roll, Montco.

The RNC sent a Sept. 18 letter to Montgomery County saying it has violated the law by distributing ballots to voters before the required comprehensive testing of its voting equipment. All ballots, machines, and systems must be tested after appropriate notice — before ballots go out — to ensure ballots are cast and counted properly. 

“Pennsylvania voters deserve to know why these ballots were distributed without testing and be assured Montgomery County is counting them properly,” RNC Chairman Michael Whatley said in a statement. “This is an unacceptable breach of election integrity, and all legal options are on the table.”

The RNC has asked Montgomery County election officials to immediately cease the distribution of all mail and absentee ballots until it completes all mandated testing. And any ballots distributed so far must be “segregated upon return so that arrangements can be made to count these ballots by hand.”

The letter said the RNC had already lodged a complaint with the Montgomery County Election Tip Line established by District Attorney Kevin Steele.

Kate Delano, director of communications for the Montgomery County District Attorney’s Office, told The Federalist in a phone call that she did not have immediate, direct knowledge of the tip.

“We take all reports to the tip line seriously,” Delano said, “Our team of Montgomery County detectives and persecutors look into each one and respond appropriately.”

The Federalist sent emails to county commissioners Neil Makhija, Jamila Winder, and Thomas DiBello, and left a message for the Montgomery County Communications Director Megan Alt, who responded at the end of the day.

“Montgomery County completed ballot acceptance testing before any ballots were printed. Ballot acceptance testing ensures that marks on ballots can be accurately and efficiently scanned by the high-speed scanners once voters return the completed ballots,” Alt told The Federalist in an email. “The County then completed its logic and accuracy testing of the central scanners that will be used in the precanvass and canvass of mail-in ballots. Once the central scanners’ logic and accuracy testing was completed, Montgomery County began to deliver mail-in ballots to the post office. Logic and accuracy testing for the precinct-level scanners used for the in-person portion of the election is ongoing.”

The Federalist asked for a date on the day of testing. The county did not respond.

“Montgomery County is fully complying with the Pennsylvania Election Code and Department of State directives,” Alt wrote. “The 115,000 Montgomery County voters who have requested mail-in ballots already will receive those ballots soon. Montgomery County encourages all qualified electors to make their plans for voting in the 2024 General Election and exercising their franchise.”

The RNC said the county did not respond to its letter, and because of that the RNC went to court Friday to compel the county to comply with the law.

“The RNC, along with the Montgomery County Republican Committee and its Chairman, and Senate Candidate Dave McCormick filed suit to ensure that all ballots, machines, and systems undergo logic and accuracy testing, after the appropriate notice,” Pennsylvania RNC Election Integrity Counsel Linda Kerns, told The Federalist in an emailed statement. “We understand Montgomery County performed such testing today, Sept. 23, 2024, even though the county began making mail-in ballots available on September 17, 2024. We want to make sure the voters are protected, and no one votes on a compromised ballot.”

The complaint, filed in the Montgomery County Court of Common Pleas, shows a timeline of planned testing illustrated through county staff emails.

“Remarkably, defendants were aware that … testing had not been completed on September 17,” when it started mailing out ballots, court papers say.

Montgomery County is a battleground county in the nation’s most important battleground state.

As of Sept. 23, the county has Montgomery has 619,877 registered voters. Of those, 307,600 are Democrats, 209,091 are Republicans. That is a difference of 98,509. The rest of the 103,186 voters, are affiliated with a different party or no party at all. Will they fill the gap for Republicans or add to the Democrats’ numbers? Either way they hold the key to this crucial suburban Philadelphia County.

For more election news and updates, visit electionbriefing.com.

Beth Brelje is an elections correspondent for The Federalist. She is an award-winning investigative journalist with decades of media experience.