ACLU Pennsylvania  Romilda Crocamo (via email Counp.Manager@nzerecowmporg  County Manager, Luzerne 20 North Pennsylvania Ave Wilkes Barre, PA 18701  RE: Decision to discontinue use of mail ballot drop boxes in Luzerne County  Dear County Manager Crocamo,  We learned that you, in your role as County Manager ofLuzerne County, issued a statement last week ordering the discontinuance ofa and removal ofi mail ballot drop boxes in Luzerne County. We also understand that you doubled down on this "decision" in a statement issued September 23, 2024. We are writing to urge you to withdraw your statement ordering the removal and discontinuance of drop boxes sO that the Luzerne County Board of] Elections may, if itchooses, consider the issue under its statutory and home rule charter authority.  Luzerne County has adopted al home rule charter that provides for the establishment ofa five-member Board of] Elections and Registration, four members ofwhich are appointed by the county council and one member is voted on by the appointed members. See Home Rule Charter ofLuzerne County, Pennsylvania, $ 8.02 et seq. The county manager is not ai member of the  Luzerne County Board of Elections and Registration.  The Pennsylvania Election Code vests authority over elections in each county's board of elections, 251 P.S. $ 2641(a), who "shall have jurisdiction over the conduct of primaries and elections in such county, in accordance with the provisions of [the Election Code]. Id. The Election Code further provides that when a county has adopted al home rule charter and creates an appointed board of elections, that body shall constitute the board ofe elections forj purposes of the election code, provided it has minority representation. 25 P.S. $ 2641(b). Because Luzerne County, like other home rule charter counties, has conferred authority in an appointed board of elections, that body has jurisdiction over elections in Luzerne County. Thus, all the duties and responsibilities for running elections and election administration must be exercised by the Luzerne County Board ofl Elections and Registration, and not by any other county body or  officer.  Learn-Andes, J."Luzerne County Manager details plans for election security,  Times Leader, Sept. 23, 2024, pshwimsleaderaomhlaubhumsanasdl.wstionsumfiypla:    In a series ofi meetings starting in May 2020 and continuing through March 2023, at duly noticed public meetings, the Luzerne County Board of] Elections adopted aj policy and approved the deployment of four (4) drop boxes for use by the voters ofLuzerne County.2  Your statement, in your capacity as county manager, ordering the discontinuance and removal ofLuzerne County drop boxes is ultra vires for the office of county manager. Neither the Luzerne County county manager, nor the Luzerne County Council, has the authority to override a decision regarding election administration that the appointed Board of] Elections has  adopted.  In the news reports about your statement, the primary reason for your decision is the purported lack ofs security of the drop boxes and your unilateral determination that Luzerne County drop boxes cannot be made secure. However, the Luzerne County Board of] Elections and Registration is the entity that has the authority to make such a determination and has concluded that the drop boxes in Luzerne County are a secure option for Luzerne County voters. Moreover, government entities, including the Pennsylvania Department of State have published security recommendations for deployment of drop boxes. See e.g. Pennsylvania Absentee and Mail-in Ballot In-Person Return Guidance, Pennsylvania Department of State, Sept. 25, 2023 available at this link.; C Ballot Drop Box Paper, Cybersecurity and Infrastructure Security Agency( CISA)  available at the U.S. Election Assistance Commission website, at this link.  Counties across Pennsylvania, including Luzerne County, have used drop boxes securely since 2020 to make voting easier for their citizens. Regardless ofy your motivations for calling for the removal and discontinuance of drop boxes, your actions have prevented an orderly decision-making process by the Board of] Elections at aj public meeting during which citizens have the opportunity to address comments on such a decision directly to the Board.  The benefits of establishing ballot drop off] locations are well known. Drop boxes provide voters with a secure way to submit their ballot knowing that it will go directly into the hands oft the elections bureau. This is especially critical for voters who vote in the days right before Election Day and cannot be certain that the postal service will deliver their ballot on time. More importantly, ballot drop boxes are an important tool to expand access to voting for people with disabilities. Removal of the drop boxes will cause hardship to voters with disabilities who may have a hard time returning their ballots physically to the elections board. For people with disabilities, the right to assistance returning their ballot is fundamental to their ability to vote by  mail, and this right is protected by federal law.  Your last-minute unilateral move and unsubstantiated public statements that the drop boxes are not secure elevates a false narrative about mail voting and SOWS distrust in election administration. It serves only to create chaos ini the community. We urge you to use the power ofyour office to ensure funding necessary for the security ofballot drop boxes and to: reassure the voting public that Luzerne County is encouraging voter participation and is capable of 2. See Minutes of thel Luzerne County Board of] Elections and Registration, May 6, 2020; Minutes of the Luzerne County Board of] Elections andi Registration, May 27, 2020; Minutes oft the Luzerne County Board of] Elections and Registration, March 23, 2022; Minutes oft thel Luzerne County Board of Elections and] Registration, December 14, 2022; Minutes ofthel Luzerne County Board of Elections and Registration, March 23, 2022.    running smooth and secure elections. In the meantime, kindly retract your statement ordering the removal and discontinuance of drop boxes sO that the Luzerne County Board of Elections may, if itc chooses, consider the issue under its statutory and home rule charter authority.  Very truly yours,  Marian K. Schneider  Senior Policy Counsel for Voting Rights  cc: Harry W. Skene, Esq., ChiefSolicitor (via email. leaalaceouor  Luzerne County Board of] Elections and Registration (via email Luzerne County Council (via email CCM@germecouonr  Betuhunleaeny