According to AP News, the Commonwealth Court ruled 6-1 that Pennsylvania's secretary of state maintains the authority to prohibit unauthorized third-party access to voting machines and can decertify equipment that violates this directive without providing reimbursement to counties.

The ruling stems from a dispute between Fulton County and the Department of State after two Republican commissioners allowed Wake Technology Services Inc. to examine Dominion voting machines in 2021.

This examination prompted state election officials to issue a directive against third-party access, citing security concerns, and subsequently led to the decertification of Fulton County's voting machines.

State Authority Prevails in Voting Machine Access Dispute

Judge Renee Cohn Jubelirer, writing for the majority, emphasized that while a 1937 state election law granted county election boards broad authority, subsequent amendments established the secretary's crucial role in maintaining statewide consistency and security.

The court rejected Fulton County's argument that it possessed unlimited control over voting machines, stating such an interpretation would lead to chaotic and inconsistent election equipment management across counties.

The Department of State welcomed the court's decision, viewing it as validation of their commitment to secure election administration. The ruling reinforces the state's position that unauthorized third-party access to voting systems could compromise election integrity and security protocols.

Fulton County, with its population of 15,000 residents, initiated the controversial inspection as part of broader efforts to investigate unsubstantiated claims of election fraud following the 2020 presidential election. The county, which strongly supported former President Donald Trump in all three of his presidential campaigns, found itself at the center of a legal battle that would define the balance of power between state and local election authorities.

Legal Framework Establishes Clear Lines of Authority

Judge Jubelirer explained the court's interpretation of the power dynamic between state and local authorities in her majority opinion:

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.

The ruling clarifies that county election boards must operate within the framework established by the secretary of state, particularly regarding electronic voting systems. This arrangement helps ensure consistency in election security measures across Pennsylvania's 67 counties while maintaining local administrative responsibilities.

The Department of State's directive against unauthorized third-party access emerged from concerns about potential security breaches. The court's decision validates this protective measure, establishing a precedent for future disputes over voting machine access and examination protocols.

Decisive Resolution Charts Course for Election Security

The Commonwealth Court's ruling in the Fulton County voting machine dispute establishes a clear precedent for Pennsylvania's election security protocols. The Department of State successfully defended its authority to protect voting systems from unauthorized access, while counties received clarification about the limits of their control over election equipment.

As Pennsylvania moves forward, this decision provides a framework for maintaining secure and consistent election administration across all counties, with the state government retaining final authority over voting machine certification and security measures.