Proposed Luzerne County ‘election worker protection ordinance’ advances

A proposed Luzerne County “election worker protection ordinance” received the four of 11 council votes required to keep it under consideration Tuesday, and Councilwoman Joanna Bryn Smith, the ordinance author, said she already has submitted a revised version to address some concerns.

For the ordinance to pass, a public hearing and majority council approval would be necessary at a future meeting.

Bryn Smith sent her colleagues the revision Monday, saying in her email she “made some changes upon reflection and Mr. Chairman’s comments in the press.”

Council Chairman John Lombardo and county District Attorney Sam Sanguedolce both criticized the original proposal due to mandates it placed on the county District Attorney’s Office.

Sanguedolce said he had serious concerns about the directives, including those involving the separation of powers in the U.S. and state constitutions. He said his office already “takes election matters very seriously.”

Lombardo had said the district attorney should have been involved in the ordinance crafting since his office would be mandated to comply with the legislation and said he believes the DA’s Office “already does much of what is stated in this proposal.”

Bryn Smith’s revision cuts out all references to the DA’s Office and changed the proposal’s description to an ordinance “affirming protection for election workers from intimidation, harassment and assault.”

It lists prohibited actions related to interference, intimidation, retaliation and harassment. Under the interference listing, for example, it states no person shall obstruct, hinder or otherwise interfere with an election official in the performance of their duties.

“This includes physical, electronic or psychological barriers that impede election officials’ ability to conduct elections,” it said.

The other prohibitions:

• Intimidation: It is unlawful to threaten, coerce, or attempt to influence an election official through fear, including the use of force, threats of force, or disclosing personal information of election officials online (doxxing).

• Retaliation: Retaliating against an election official for performing their duties, such as by threatening job security, personal safety, or publicly maligning their character, is prohibited.

• Harassment: Persistent actions, including verbal or physical conduct designed to disturb or upset an election official, are unlawful. This includes the use of derogatory or threatening language aimed at election officials through any medium.

The proposal asserts these prohibitions are “in alignment” with the Pennsylvania Crimes Code, the state Election Code and applicable federal laws.

The ordinance would apply to actions committed within the county and harassment or intimidation acts that originate from outside the county, it said.

“This ensures that perpetrators cannot evade responsibility due to physical location, emphasizing that protections cover both digital and physical threats,” it said.

The ordinance mandates the election bureau to immediately document any applicable incidents.

Finally, the proposal imposes a maximum $1,000 fine or up to 90 days in the county jail if a fine is not paid by an offender found guilty. It makes violations subject to summary enforcement proceedings.

Lombardo said the revision was not posted with Tuesday’s agenda because there was not sufficient time for a law office review within 24 hours of the meeting. It must be presented as an amendment at a future meeting and publicly posted, he said.

Citizen complaints

Ten residents spoke in opposition of the ordinance. While some echoed concerns related to the DA’s Office directives that Bryn Smith intends to remove, most voiced complaints about the concept itself.

Swoyersville resident Greg Griffin said he views it as an attempt to “muzzle” free speech.

Prior county election director Eryn Harvey said she felt safe on the job and wasn’t aware of election staff or poll workers being threatened or harassed. She urged council to vote no, describing it as an attempt to “spread fear and confusion.”

Jamie Walsh, of Ross Township, also disputed election workers are under threat and described efforts to push the issue as a “scam” at a time when resources should be devoted to election preparations.

Swoyersville resident Desiree Edwards described the proposal as “more fearmongering.”

Ben Herring, of Duryea, called it a “boogeyman ordinance” that is wasting council’s time.

A Dallas Township woman was the lone citizen to express support, saying protecting poll workers should be a nonpartisan issue.

All four Democratic council members — Bryn Smith, Patty Krushnowski, Jimmy Sabatino and Brittany Stephenson — voted to introduce the ordinance so it could advance to discussion and debate, while the remaining seven Republican council members opposed introduction.

Attempting to clear up some citizen interpretations that the county administration was behind the proposal, county Manager Romilda Crocamo said she is safeguarding anyone involved in county elections.

“Regardless of whether an ordinance is enacted or not, Luzerne County will have a safe, secure and transparent election. It’s my obligation to deliver that, and I will,” Crocamo said. “I don’t need an ordinance to tell me to do that.”

In other business, a majority voted to appoint James Dennis to a vacant seat on the Luzerne County Community College Board of Trustees.