Pennsylvania court rules electronic voting data is not subject to release under public records law

HARRISBURG, Pa. (AP) — Spreadsheets of raw data associated with every ballot cast are not subject to public scrutiny, a Pennsylvania court ruled Monday in a case that began with a request for the “cast vote records” by an election researcher whose work has fueled right-wing attacks on voting procedures.

Commonwealth Court ruled 5-2 in favor of Secretary of State Al Schmidt, saying that researcher Heather Honey and others were not entitled to the records from Lycoming County for the 2020 General Election.

Pennsylvania’s Elections Code says county election records are public “except the contents of ballot boxes and voting machines and records of assisted voters.” The law does not define voting machines, however.

Honey’s October 2021 request under the state’s Right-to-Know Law was turned down by the county elections office, a decision upheld by the state Office of Open Records before a Lycoming County judge ruled the public is entitled to the records.

The Commonwealth Court majority ruled Monday that cast vote records are the “electronic, modern-day equivalent” of all the votes in a traditional ballot box and the optical scanners are considered voting machines under state law.

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