WASHINGTON - When the RNC learned that Montgomery County, Pennsylvania had sent out ballots without conducting the required testing, we immediately filed suit. As a result of our lawsuit, Montgomery County admitted they ignored ballot guidelines, but we have ensured these ballots will be cast and counted properly.

RNC Chairman Michael Whatley stated: “Election officials must be held accountable, and that’s exactly what we’ve done in Montgomery County. Rules, safeguards, and laws are critical to ensuring there are no holes in the system that undermine voters or election integrity. We have verified the facts, confirmed that the illegally sent ballots will be cast and counted properly, and protected early voters in the Keystone State.”

Background:

• Pennsylvania counties test ballots prior to providing them to voters to make sure the ballots will be properly counted. Testing includes ballot format, layout, paper, and scannability.
• When the RNC saw that Montgomery County, PA Commissioner Neil Makhija posted on his social media on the morning of September 17, 2024 that he cast his ballot in the 2024 General Election, the RNC legal team immediately investigated how the county had time to conduct Ballot Accuracy Testing. The Secretary of the Commonwealth had certified the 2024 ballot only half a day earlier – on September 16, 2024.
• The RNC legal team immediately reached out to Montgomery County but the response was a simple assurance that they were following the law. Only after the RNC filed a lawsuit did the County admit what we suspected– they did not perform Ballot Accuracy Testing between the time that the Secretary certified the ballot on September 16, 2024 and when Commissioner Makhija voted. they performed Ballot Accuracy Testing on September 10, 2024, essentially guessing the configuration that the Secretary would certify.
• Montgomery County also admitted they performed more thorough testing of the ballots on September 23, 2024 – but why the rush to send out the ballots before then? We are still investigating so this does not happen in the next election.
• Ballot accuracy and Logic and accuracy testing is required by law and the Secretary’s election guidance. But Montgomery County jumped the gun, guessing as to the ballot configuration, while the Pennsylvania Supreme Court was still deciding candidate challenges.
• Even though the Commissioner posted on September 17, 2024 that 115,000 mail ballots were being mailed out that week, the RNC’s lawsuit dissuaded them such that they waited until they had tested the certified ballot configuration on September 23, 2024.
• Critically, testing confirmed the ballots were formatted and printed properly and will not cause tabulation problems down the line.
• Montgomery County risked providing voters with ballots that would not be counted correctly, all so the Chair of the Montgomery County Board of Elections could claim to be the first voter in Pennsylvania on social media. Commissioner Makhija may be willing to take chances with your vote – but the RNC is not.