400 Broad Steet i Nt, Pemojvaia 1837 Vara Tel.: 570-296-2363 - Fax:570-296-2364 MATTHEW J. GALASSO. Mr. Thomas F. Farley, Esq. Solicitor: Pike County Board of Elections Pike County Administration Building 506 Broad Street Milford, PA 18337 VIA HAND-DELIVERY and FACSIMILE (570) 296-6055 (570) 226-5140 September 28, 2020 RE: Pike County Elections Office Dear Attorney Farley We are writing with concems regarding the integrity of our Pike County elections. Specifically, we are in receipt of a flier being distributed to those seeking to register to vote for the first time in Pike County by the Pike County Elections Office. This flier contains a number of inaccuracies and misrepresentations of the law specifically related to residency requirements to register to vote. It is unclear to us if this document was ever approved by the Pike County Board of Elections, and appears to have not been approved by legal counsel given that the legal representations contained therein are not accurate. It is also not posted on the Pike County website, not a form approved by the Commonwealth of Pennsylvania, and appears to have been handed out specifically to voters who have recently moved here primarily from New York and New Jersey. It is our hope that swift and public action on behalf of the Pike County Board of Elections will undo the harm caused by this misleading flier and lift the cloud of uncertainty over our Pike County election registration process, We first received notice from individuals reporting that they were tumed away from registering to vote by the Pike County Elections Office because they did not currently possess a Pennsylvania photo identification, These complaints were followed up on as a Pennsylvania Driver's License and/or ID are not required to register to vote in Pennsylvania. In fact, the registration form itself permits you to register without any Pennsylvania ID if you can provide a valid Social Security number. Upon further inquiry, it was discovered that due to the influx of people to Pike County as a result of the COVID-19 pandemic, the Pike County Elections Office created and distributed a “Registering to Vote in Pennsylvania” document that is the subject of this,letter. On Thursday evening, a mass email was sent from the Pike County Elections Office confirming that they had created and were distributing the flier at issue. The flier itself states, “These are unprecedented times and many people who own second homes in Pennsylvania are spending more time here due to the COVID-19 pandemic This has many people considering their options when it comes to voting in the November 3, 2020 Presidential Election. Voters must register in the state of their Primary Residence. Listed below are indicators of an established Primary Residence.” The form goes on to state explicitly “If the answer is YES to the above Primary Residence indicators, you are eligible to register and vote in Pennsylvania. If you have answered NO, you must contact your elections office in the state of your Primary Residence to determine your voting options.” It is this YES or NO indicator test that is of greatest concern as it has no basis in the Pennsylvania Election Code. We will address each of these indicators separately; but first, it must be emphasized that the Pennsylvania Election Code does spell out explicitly the test to be used to determine residency for voter registration purposes. This test is set forth at 25 Pa. C. S. Section 1302 titled “Residence of electors” and states in relevant part at subsection (b) 1. That the place shall be considered the residence of an individual in which habitation is fixed and to which, whenever the individual is absent, the individual hhas the intention of returning, 3. Am individual shall not be considered to have gained a residence in an election district if the individual comes into that district for temporary purposes only, without the intention of making that election district a permanent place of abode. 25 Pa. C, S. Section 1302(b)(1)-(3(2020). ‘The Pennsylvania Election Code lists none of the indicators contained within the flier created by the Pike County elections office. We will address each of these indicators separately. The first two “indicators” come from Title 75 related to the Motor Vehicle Code. The first is the requirement to change one’s driver’s license after 60 days of moving to Pennsylvania. The second indicator is whether the vehicle is registered in Pennsylvania.The failure to promptly change one’s driver’s license or register one’s vehicle could result in a summary offense, and a fine, but does not prohibit one from registering to vote The third and fifth “indicators” are in reality residency requirements for filing taxes These, of course, would be irrelevant as an individual moving to Pennsylvania in March because of the pandemic would not have listed their Pennsylvania address on their 2019 taxes. Individuals who have moved to Pennsylvania with the intent to make Pennsylvania their residence can register and vote in the election if they have been a resident for 30 days prior to the election, not 183 days. Likewise, the failure to promptly update one’s bank statements, payroll stubs, and insurance does not prohibit one from voting. While these steps should all be taken upon relocating, the failure to promptly do so does not prevent one from registering to vote. Beyond the false “indicator test” for residency, the flier distributed by the Pike County elections office contains false information regarding the deadline for registration, The second to last paragraph of the “Registering to Vote in Pennsylvania” form states: “You must also be a registered voter in your voting district for 30 days prior to the election to be eligible to vote.” This is inaccurate. Last year, in Act 77 of 2019, the General Assembly changed the voter-registration deadline from 30 days to 15 days before the election. Now you have to be a resident of your district for at least 30 days before the election, but you don’t have to be a registered voter there for more than 15 days before the election, Finally, the last paragraph of the letter contains a warning in all caps of the possibility of prosecution for providing a false registration. 25 Pa.C.S § 1327(a)(4)(vii) provides the strict manner upon which such a warning is to be given, and does not explicitly permit the elections office to create a separate waming letter. Finally, we have grave concerns about reports of potential voters being tumed away and denied the ability to submit an application for registration, The elections office has strict due process procedures to follow as spelled out in 25 Pa.C.S. § 1328. We are concerned by reports that individuals were prohibited from submitting applications for registration without the formal due process requirements mandating a written rejection. We are further concerned by a witness account from an individual that states that she overheard conversations of election’s office staif whereby they relayed that the flier has had the desired impact of reducing voter registration, Voting access is a bipartisan issue. Individuals of all political affiliations may have been negatively impacted by the actions of the Elections Office. As such, it is our firm belief that the Pike County Elections Office is hindering the ability of its own residents fromexercising their fundamental right to vote. ‘These actions cast an unfortunate cloud over our county’s election, Therefore, we hereby demand that the Pike County Board of Elections publicly rescind the statements contained in the “Registering to Vote in Pennsylvania” flier and instead inform the public of the actual election code in Pennsylvania, including the test for residency and the documentation requirements for those voting for the first time. We also demand that the elections office follow the strict due process requirements set forth in Section 1327 and 1328 of the Pennsylvania elections code. The deadline for voter registration is rapidly approaching. Therefore, we request a public response by the close of business on Monday September 28, 2020. Very Truly Yours, \ Vi) 7 : ‘i XW Rytt POD ea ‘Matthew J. Galasso, Esq, Shannon L: Muir, Esq, Justin Pfaff, Esq. Principal, Law Offices of Of Counsel, Law Offices of Unaffiliated Matthew J. Galasso, LLC Matthew J Galasso, LLC