Election Crime Bureau

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Pennsylvania Department of State Used Official Communications to Direct Counties to CTCL Grants (PA)

Established Fact

On September 2, 2020, the Pennsylvania Department of State issued a broadcast communication to all county commissioners announcing that CTCL had made its grant program available to all local election jurisdictions nationally — a communication that came one day after Mark Zuckerberg and Priscilla Chan publicly announced a $250 million donation to CTCL on September 1. Emails obtained through Pennsylvania’s Right-to-Know Law revealed, however, that Democratic-leaning southeastern counties — including Philadelphia, Delaware, Chester, and Montgomery — had been informed of and assisted with the grant process by DOS officials as early as July and August 2020, weeks before other counties received any notice. This selective advance outreach involved Secretary of State Kathy Boockvar directly and a Governor’s Office staffer, Jessica Walls-Lavelle, who facilitated grant applications for Democratic-leaning counties; no email showed any similar outreach to Republican-leaning counties. More than $20 million in CTCL funds ultimately flowed to Pennsylvania jurisdictions, with over 92 percent of the dollar-weighted distribution going to counties that voted for Biden in 2020, including $10 million to Philadelphia alone. Funds were used for mail-ballot processing equipment, satellite voting offices, drop-box deployment, and voter outreach programs that critics characterized as one-sided get-out-the-vote infrastructure.<sup>,</sup> Separately, in July 2020, Governor Wolf withheld approximately $12.8 million in CARES Act Coronavirus Relief Fund money from Lebanon County, citing the county’s defiance of his COVID-19 reopening orders; the county sued and reached a settlement in mid-August 2020, recovering the funds. Critics contended that this use of executive emergency powers to withhold legislatively-mandated funding — from a county whose Republican commissioners had defied the administration — illustrated executive overreach in the distribution of federally allocated relief resources.

Citations

Broad + Liberty, Todd Shepherd, “‘Blue’ Southeast PA Counties Had Head Start on Election Grants” (June 7, 2021): “Most other counties, however, were only sent an invitation to apply for CTCL grants by the DOS a day after Facebook CEO Mark Zuckerberg and his wife Priscilla Chan announced a $250 million donation to CTCL on Sept. 1.” RTK-obtained emails, Broad + Liberty. https://broadandliberty.com/2021/06/07/blue-southeast-pa-counties-had-head-start-on-election-grants/

“Delaware, Chester and Montgomery Counties each discussed the existence of the grants with officials at the Pennsylvania Department of State in August. Most other counties, however, were only sent an invitation to apply for CTCL grants by the DOS a day after… the Zuckerberg-Chan gift was announced on Sept. 1. That invitation makes no allusions to any previous communications about the existence of the grants, signaling this was the first most counties had ever heard of the available money from the DOS.” Philadelphia Commissioners office submitted its grant request August 7 and was awarded $10 million August 21.

Broad + Liberty, Todd Shepherd, “Former Sec. of State Boockvar and Gov. Wolf Staffer Helped Selectively Invite Counties for Election Grants” (Oct. 19, 2021): “On August 15, Boockvar emailed Bucks County Commissioner Diane Ellis-Marseglia (D) saying, ‘Commissioner Marseglia, by this email I am connecting you with Jessica Walls-Lavelle. Jessica, I told Commissioner Marseglia that there may be some Election administration nonprofit grant funds available, and Bucks county is interested.'” “No email shows any official in either office providing similar information or assistance to any of the commonwealth’s Republican-leaning counties.” https://broadandliberty.com/2021/10/19/former-sec-of-state-boockvar-and-gov-wolf-staffer-helped-selectively-invite-counties-for-election-grants/

Foundation for Government Accountability, Trevor Carlsen & Hayden Dublois, “How ‘Zuckerbucks’ Infiltrated and Influenced the 2020 Pennsylvania Election” (March 16, 2021): “CTCL funneled more than $20 million into 23 Pennsylvania jurisdictions, plus the Pennsylvania Department of State.” County totals documented: Philadelphia $10,016,074; Chester $2,558,080; Delaware $2,200,000; Allegheny $2,052,251; total tabulated $20,902,334. “Zuckerbucks-receiving counties that broke for Biden received the lion’s share of the funds — more than $19 million, or 92 percent of the total amount spent in the commonwealth.” https://thefga.org/wp-content/uploads/2021/03/Pennsylvania-Zuckerbucks-brief-3-16-21.pdf

Pennsylvania Voters Alliance v. Centre County, No. 4:20-CV-01761 (M.D. Pa. Oct. 21, 2020) (Brann, J.), ECF No. 75, p. 3–4: Confirming CTCL funds used to “purchase processing equipment for mail-in and absentee voting; create satellite election offices; install secure drop-boxes; pay for in-person voting expenses; and cover the cost of printing and postage.” Court dismissed complaint for lack of Article III standing without reaching the merits. https://cdn.ballotpedia.org/images/8/80/Pennsylvania_Voters_Alliance_et_v_Centre_County_et_al_pamdce-20-01761_0075.0.pdf

WHYY/PA Post, Benjamin Pontz, “Wolf Asserts Emergency Powers to Justify Withholding Federal Money from Lebanon County” (July 17, 2020): Wolf administration acknowledged withholding approximately $12.8 million in CARES Act Coronavirus Relief Fund money; stated justification was Lebanon County’s defiance of COVID-19 reopening orders. Wolf: “Don’t come and say you want something from the state when you haven’t followed the rules.” Rep. Meuser and legal scholars challenged the legal basis. Settlement reached August 14, 2020; county recovered full $12.8 million. LebTown, “Gov. Wolf, County Commissioners Announce Settlement of CARES Act Suit” (Aug. 14, 2020). https://whyy.org/articles/wolf-asserts-emergency-powers-to-justify-withholding-federal-money-from-lebanon-county/  | https://lebtown.com/2020/08/14/gov-wolf-county-commissioners-announce-settlement-of-cares-act-suit/