Dallas City News

Luzerne County Councilwoman Joanna Bryn Smith has proposed an ordinance focused on election worker protection that is prompting criticism from some.

Council is set to vote on the ordinance introduction Tuesday, with four of 11 council votes required to advance. If introduced, a public hearing and majority council vote would be required for passage.

The ordinance header said it affirms protection for election workers from intimidation, harassment and assault and enhances collaboration with the county District Attorney’s Office.

County District Attorney Sam Sanguedolce said Friday afternoon that the county law office provided him with a copy of the proposed ordinance.

“I have serious concerns about council’s authority to pass such an ordinance, not least of which is the separation of powers in the U.S. and state constitutions,” Sanguedolce said.

If the ordinance advances, Sanguedolce said his office will “take it under advisement on how to proceed.”

“Hopefully people have seen that our office takes election matters very seriously and has always expressed and demonstrated our commitment to our county’s safe, secure and legal election process as well as the protection of our election officials and workers,” the DA said.

Council Chairman John Lombardo said he is voting against the ordinance introduction.

Lombardo said the district attorney should have been involved in the crafting of this ordinance since his office would be mandated to comply with the legislation.

“I don’t think council has the ability to mandate the DA to do any of those things. Historically, I witnessed the office take election matters very seriously, as they are obligated to do,” he said. “I am under the impression the DA’s Office already does much of what is stated in this proposal.”

He added, “I am 100% for the safety of election workers and take that seriously.”

One area of concern may be a section of the proposed ordinance that discusses “priority status.”

“Complaints involving election workers will be given priority status within the District Attorney’s Office to ensure rapid commencement and progression of investigations,” the proposed ordinance says.

Lombardo said there’s a significant possibility the office could be simultaneously handling multiple homicides and high-profile crimes,

“How do you determine which is the ‘priority?’ Lombardo asked.

Ordinance specifics

In addition to the priority status clause, the “enhanced collaboration with the DA” section of the ordinance said the office must work closely with local and state law enforcement agencies to gather evidence, interview witnesses, and perform comprehensive investigations in a collaborative approach that “aims to streamline processes and reduce bureaucratic delays.”

The DA’s Office must provide continuous updates to victims regarding the status of their cases and “access to support services to ensure they receive the necessary emotional and legal assistance during the resolution process.”

Another requirement: the DA shall provide annual reports to county council detailing the number of election worker-related cases received, investigated and resolved along with data on convictions, plea bargains and unresolved cases, it said. The DA also must present the findings in a formal annual briefing to council.

“This ensures that the council remains informed and can provide oversight and support where necessary,” it said.

A public summary of these reports also is mandated.

Adequate resources, including legal expertise and investigative support, must be allocated to “ensure that the laws protecting election officials are enforced vigorously,” it said. That must include training for prosecutors and law enforcement officials on the “specific challenges and legal nuances associated with election law enforcement.”

“This enhanced collaboration with the District Attorney is designed to ensure that election officials in Luzerne County can perform their duties without fear of harm or coercion, with the full backing of the law to address and deter any threats or illegal actions against them,” it said.

The ordinance protections section reaffirms prohibited actions in current law and said they cover those involved in the administration and oversight of elections within the county, including county election board members, all bureau staff, poll workers, election judges, mail ballot handlers and temporary/volunteer staff officially recognized and performing election-related tasks.

Under the violations section, the proposed ordinance mandates the election bureau immediately document all incidents and submit such reports to the DA’s Office within 24 hours.

The DA’s Office is then required to promptly initiate a formal investigation upon receipt of a report.

“If evidence supports the allegations, the District Attorney’s Office will proceed with legal action against the perpetrator(s) under the appropriate sections of the Pennsylvania Crimes Code and/or federal criminal law. The office shall seek penalties that reflect the seriousness of offenses against public servants performing essential democratic functions,” it said.

It also requires the DA’s Office to work with the county election bureau to develop and implement ongoing training programs for election workers on identifying, reporting and preventing harassment, intimidation and assault, including deescalation strategies and how to maintain personal safety.

Bryn Smith said the proposal ensures council is aware of incidents because it has a duty to protect workers.

The ordinance also extends election worker protection through certification of each election, instead of ending on Election Day, she said.

While Pennsylvania makes it illegal to harass, abuse or attack an election worker, Bryn Smith asserted there is a “loophole” in state law “where there is no repercussion for such action.”

Tuesday’s voting meeting starts at 6 p.m. in the county courthouse on River Street in Wilkes-Barre. Instructions for the remote attendance option are posted under council’s online public meetings link at luzernecounty.org.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.