Fulton Co. v. Sec’y

The County of Fulton and other parties filed an Amended Petition for Review (Amended Petition) in the Pennsylvania Commonwealth Court against the Secretary of the Commonwealth (Secretary) to challenge her decertification of two electronic voting devices that the County leased. Count III of the Amended Petition asserted that a directive, which prohibits all county boards of elections from inspecting their electronic voting devices with the assistance of a third-party consultant, violates Section 302 of the Election Code. In response to the Amended Petition, the Secretary filed a preliminary objection in the nature of a demurrer to Count III. The Court overruled the Secretary’s demurrer, concluding that “it cannot be said with certainty that the law will not allow the County to prevail on this claim.”

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