Luzerne County DA releases report on election paper shortage

A Luzerne County District Attorney’s Office investigation of the November general election paper shortage found no evidence of criminal intent or activity, according to a copy of the report released Wednesday by District Attorney Sam Sanguedolce.

Ultimately, the investigation revealed that the director, deputy director, operations manager, election technicians and administration all “play a role in ensuring sufficient amounts of ballot paper are stocked in the machines prior to Election Day.”

The report highlights the lack of institutional knowledge among those overseeing the election bureau at that time.

“The evidence shows that the failure to provide paper to the polling places was not a deliberate act, but rather a catastrophic oversight,” it said.

“It appears that amid the flurry of activities involved in the newly hired parties managing the election, the steps of ensuring the correct paper was on hand, ordering that paper if not on hand, and then loading sufficient quantities of that paper into the cabinets were missed by all officials tasked with such responsibilities throughout the process. Were any of those steps followed, the lack of paper would have been detected prior to Election Day, and the paper supply misadventure averted.”

However, the investigation still uncovered facts and circumstances the DA’s Office believes are important and should be considered by the election board, bureau, council and manager, it said.

“As the Office of District Attorney has authority to investigate all manner of voting impropriety, but only proceeds on criminal activity, we refer any further issues uncovered throughout this investigation back to the administration for evaluation and any action they deem necessary.”

The report spells out the length of county employment for key figures at the time of the paper shortage in 2022:

• Then-county manager Randy Robertson had started work June 13, or four months before the general election.

• Jennifer Pecora, head of the county Administrative Services Division that includes the election bureau, began in her position Sept. 2, or 67 days before the general.

• Beth Gilbert started work as deputy election director in July, or three months and 25 days prior to the general. Michael Susek had announced his resignation as election director in July and left Aug. 11, or 89 days before the general. Gilbert became acting election director in September.

• Emily Cook was first hired in the bureau as an administrative assistant in September 2021, was promoted to election operations manager in March and became acting deputy election director in September. She had the most experience among election bureau supervisors, but still only 14 months.

As part of the investigation, detectives obtained communications from multiple sources, including an Oct. 13 text message exchange between then-acting deputy director Cook and then-acting director Gilbert.

Cook wrote: “I don’t think we will need it for this election but we are running low on ballot paper. We will probably send out all the paper we have.”

Gilbert replied: “I will order.”

That paper was never ordered, the report said. But detectives also obtained a handwritten checklist drafted by Cook that specified the first item was to restock paper in the Americans with Disabilities Act machine, which refers to ballot marking devices.

“Although the list does not particularly mention the non-ADA machines, one would presume that the notation would serve as a reminder to ensure the stocking of paper in all machines, which did not occur,” it said.

The report added: “It was clear from the interviews and other evidence that again, although a glaring mistake, the omission was not intentional. The parties involved were obviously distressed by the error and resulting effects.”

The DA’s Office first got involved in the matter when it received complaints about paper shortages the morning of the election. The office immediately gathered all available detectives at the county’s Penn Place Building in downtown Wilkes-Barre to assist.

The shortage of proper-stock paper for the ballot marking devices at numerous polling places in the November general had prompted the county to resort to the extreme measure of keeping all polling places open an extra two hours, or until 10 p.m. A county judge granted the county’s request for an extension following an emergency court proceeding.

Robertson had asked Sanguedolce to assist with a review of what happened. The election board also subsequently voted to refer the matter to the DA’s Office.

On the subject of the court-ordered voting extension, the DA’s Office followed up on testimony a Hazleton Fourth Ward voter presented during a Congressional hearing on the matter in March. The voter had said his polling place was closed when he and his wife went there at 8:09 p.m.

County detectives interviewed the judge of elections and confirmed the allegation was true. The worker told investigators there were not enough workers able to remain past 8 p.m. and that attempts to reach the election bureau were unsuccessful, the report said.

“As this matter did not involve a criminal act, but rather was borne out of necessity due to an inability to accommodate the extra hours, we refer the matter back to the Office of Law for a determination as to whether further action could or should be taken,” the report said.

Paper weight

New details about the scramble to respond to the paper shortage were presented in the DA’s report.

The paper that ran out was for ballot marking device printouts that voters are supposed to review for accuracy and then feed into a scanner/tabulator to cast their vote.

The DA’s Office was advised 80-pound paper was recommended for the voting system, which refers to the weight of 500 standard-sized sheets of the paper.

The county had multiple pallets of 100-pound paper at the voter warehouse, which “appeared identical and felt similar” to the 80-pound version.

With Robertson observing, Cook fed multiple test ballots of the 100-pound paper through voting equipment without incident, it said. Based on the testing, Robertson gave the go-ahead to deliver this paper to all polling places, and it was packed into detective vehicles for them to deliver in zones.

During delivery, the DA’s Office learned a representative of the county’s voting system company, Dominion Voting Systems, expressed concern the 100-pound paper could have absorbed moisture that may cause jamming or other issues due to the length of time and conditions under which the paper had been stored. A Pennsylvania Department of State representative also advised against using the 100-pound paper largely based on Dominion recommendations.

As a result, detectives had to return to some polling places to retrieve reams that had been newly disseminated.

Pecora had spearheaded efforts to locate 80-pound paper from the time the shortage was uncovered, and supplies were ordered from various sources, with a full order obtained from Albany, New York.

Before any of this paper was secured, the county learned the state had advised the 100-pound paper could be used if it was all the county had available. Because the 100-pound paper already had been removed from polling places, the county concentrated on obtaining and delivering the 80-pound paper.

County detectives drove to Pittston Township shortly before 5 p.m. on Election Day to meet the Albany transporter and pick up the paper for delivery, said the report, which credits some local law enforcement representatives for assisting in various ways during the crisis.

The county has 186 voting precincts that were housed in 143 locations.

By the time the DA’s investigation concluded, there were 16 polling locations that reported paper issues that resulted in a voting stoppage, although some were brief, such as a temporary halt to switch from ballot marking devices to paper emergency or provisional ballots.

The report cited information from some judges of elections. For example, judges of elections in Dorrance Township and Swoyersville collected voter information and contacted those voters to return when paper became available.

Detectives also verified at least three voting precincts used standard copy paper once their initial 80-pound supply waned and confirmed those votes were tallied without incident.

Also referenced in the report was a highly photographed election bureau whiteboard containing handwriting listing more than 30 municipalities that were “out of paper” the afternoon of the election.

“While the reports related that the precincts were ‘out of paper,’ investigators later determined that the phrase was very loosely interpreted from being out of extra paper to being low on paper. Nearly all precincts still had paper and were actively voting as detectives were delivering the newly received paper,” a report notation said.

Claims reviewed

The DA’s report debunks initial complaints that the paper shortages were concentrated in Republican or conservative voting precincts.

“This falsehood was quickly extinguished as Election Day proceeded and complaints were received from all corners of Luzerne County,” it said.

There was no evidence that paper had been removed from machines while they were in secure storage under surveillance or during transport to polling places, it said.

Purchase order reports and invoices preceding the general election show no paper was ordered until Election Day, it said.

“As such, it is our conclusion that the paper was not present prior to Election Day to have been removed,” it said.

Any implications that there was a “cover up” are also “patently false,” it said.

“At all times throughout the investigation, every county employee we encountered went above and beyond to answer questions, provide information and obtain necessary documentation,” it said.

Recommendation

Stressing Cook was the only supervisor in the November general with more than a few months of experience, the report said the DA would discuss plans with the administration to bolster the workforce, implement training and make additional resources available to the bureau.

In addition to Sanguedolce, the report was submitted by Deputy District Attorney Thomas J. Hogans, Assistant District Attorney Daniel M. Marsh, Lieutenant Detective Christopher D. Lynch, retired detective Robert Lehman and Detectives James P. Noone, Charles Casey and Charles Jensen.

County Manager Romilda Crocamo met with Sanguedolce to discuss his investigation on Monday and has said she will be completing a review of the processes and procedures used in the 2022 general election and last month’s municipal primary.

Sanguedolce briefed council and the five-citizen election board in sessions Tuesday and before Wednesday’s release of the report.

Council Vice Chairman John Lombardo said he had personally believed the paper shortage stemmed from staff inexperience and turnover, and the DA’s investigation confirmed that.

He was relieved the investigation did not find truth in claims of widespread cases of voters unable to cast ballots.

Councilman Matthew Mitchell thanked the DA and his staff for its “very thorough and professional investigation.”

“The report concluded that there was absolutely zero intentional criminal activity or willful attempt to disrupt the November election,” Mitchell said. “The controversy surrounding election security has become heated and divisive, fueled by partisan rhetoric. It’s important to ensure elections are conducted fairly and securely, and it’s crucial that we approach discussions about election integrity with a commitment to facts and evidence.”