Election Crime Bureau

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Pennsylvania Governor Withholds CARES Act Funds from Lebanon County (PA)

Disputed Fact

On September 2, 2020, the Pennsylvania Department of State broadcast a communication to all county commissioners announcing that CTCL had made its grant program available to all local election jurisdictions nationally — a notice that came one day after Zuckerberg and Chan publicly announced their $250 million donation to CTCL. Emails obtained under Pennsylvania’s Right-to-Know Law had already shown, however, that Democratic-leaning southeastern counties received advance outreach from DOS officials weeks earlier. This official state facilitation of a privately funded election grant program prompted critics to characterize it as formal government promotion of an initiative funded by politically interested donors. More than $22 million in CTCL funds flowed to Pennsylvania jurisdictions; counties that voted for Biden received approximately 92 percent of the dollar-weighted distribution, with Philadelphia alone receiving over $10 million at a rate of nearly $10 per registered voter compared to $1.12 per registered voter in Trump-won counties. Funds were used for mail-ballot processing equipment, drop-box deployment, satellite election offices, and voter outreach programs that critics characterized as one-sided get-out-the-vote infrastructure rather than COVID-19 safety measures. 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; Lebanon filed suit, and a settlement was reached in mid-August 2020 under which the county recovered the full amount. Critics alleged that Wolf’s use of emergency powers to withhold legislatively mandated relief funds — against a county governed by Republican commissioners who had openly defied his administration — demonstrated executive overreach and raised concerns about the use of federal funding as an instrument of political leverage, though Wolf maintained the withholding was a lawful consequence of the county’s violation of his emergency orders.

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.” DOS communications with Democratic-leaning counties confirmed in July–August 2020, weeks prior. RTK-obtained emails. https://broadandliberty.com/2021/06/07/blue-southeast-pa-counties-had-head-start-on-election-grants/

Broad + Liberty, Todd Shepherd, “Former Sec. of State Boockvar and Gov. Wolf Staffer Helped Selectively Invite Counties for Election Grants” (Oct. 19, 2021): Secretary Boockvar personally contacted Democratic-leaning counties; Wolf administration staffer Jessica Walls-Lavelle facilitated grant applications for Delaware, Chester, and Montgomery Counties. “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/

Sam Adolphsen (Policy Director, Foundation for Government Accountability), Testimony before Pennsylvania House State Government Committee, April 8, 2021, p. 5: “Pennsylvania alone received well over $20 million of these Zuckerbucks. The funds were supposedly for personal protective equipment to help election officials guard against COVID-19. Instead, these funds went largely to get-out-the-vote efforts.” Appended FGA research brief (“Zuckerbucks Followed Biden Voters in Pennsylvania,” April 8, 2021) documents $22,542,308 across 23 Pennsylvania jurisdictions; Biden-winning counties received approximately 92% of total funds; Philadelphia received $10,516,074 ($9.97 per registered voter) vs. $1.12 per registered voter in Trump-won counties. https://www.legis.state.pa.us/WU01/LI/TR/Transcripts/2021_0073_0003_TSTMNY.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 from Lebanon County following the 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. There are consequences.” Widener University law professor Michael Dimino: Wolf’s emergency powers claim was “certainly an effort to stretch his power to — and perhaps beyond — the limit.” Settlement reached August 14, 2020; county recovered full $12.8 million. Note: The withheld funds were general COVID relief funds distributed under Act 24 of 2020, not election-specific HAVA funds; Lebanon County’s HAVA-CARES election fund allocation ($60,500) appears to have been separately distributed without interruption. https://whyy.org/articles/wolf-asserts-emergency-powers-to-justify-withholding-federal-money-from-lebanon-county/  | Settlement: https://lebtown.com/2020/08/14/gov-wolf-county-commissioners-announce-settlement-of-cares-act-suit/