Former Luzerne County Controller Walter Griffith reported a man was interacting with and instructing voters as they deposited their Nov. 3 general election mail ballots in the drop box at the county’s Penn Place Building in downtown Wilkes-Barre on Thursday.
County officials said observers can watch the box inside the public building, but they are prohibited from engaging with voters using it.
After Griffith alerted county officials, the county taped off a section of the lobby at least 10 feet from the drop box, where anyone observing it must sit.
Penn Place security staff will be instructed to make a report to the appropriate authorities if anyone does not follow this protocol, said County Manager Romilda Crocamo.
County Election Director Emily Cook said her office never gave anyone permission to interact with voters as they cast their ballots at the box.
Members of both major political parties have observed the Penn Place drop box at different times since 2024, and she said they usually notify the election bureau as a courtesy when they are there for that purpose. Cook said she never received any complaints about observers speaking to drop box users until Thursday.
County Assistant Solicitor Gene Molino said there should be no interaction with voters.
“People can observe. That’s it,” Molino said. “If someone wants to go and sit all day and stare at the box, they could, but they cannot instruct voters on anything.”
Molino said observation in the public building is open to those of any political affiliation — if they follow the rules.
Griffith said he was at the drop box Thursday to cast mail ballots for two disabled voters at their request, stressing he had the required designated agent forms with him.
Under state law, voters are only permitted to mail or hand-deliver their own ballot unless they are serving as a designated agent for someone with a disability. Disabled voters must fill out an official form authorizing someone to deliver their ballot for them. Agents are advised to carry the form when the ballot is returned, in case the agent is questioned by a county worker.
Griffith said he was taken aback when a man inquired if he had an agent form, prompting Griffith to question the man’s authority. Griffith said he initially thought the man was a county worker and was unaware of any county workers assigned to drop boxes, based on past arguments that the county did not have enough staff to man the boxes.
Griffith said the man indicated he was a Democratic Party volunteer and trying to help voters to ensure their ballots count.
While Griffith is not questioning the man’s motives or implying the man was acting nefariously, he said the activity had to be stopped. Griffith said he observed the man touching the ballot of a voter who sought help feeding it into the drop box slot.
Griffith said he is aware of the prohibition because it came up at public county Election Board meetings in 2021.
At that time, Griffith had discussed potential plans to organize drop box observers, clarifying he was not advocating “accosting a voter in any way,” prior reporting said.
Griffith said Thursday he did not proceed with that plan because he was threatened with legal action by the election board. A county assistant solicitor had informed the board in 2021 that any attempts to question, photograph and videotape mail ballot voters would constitute voter intimidation, according to that meeting coverage.
“In the past, I was told if I spoke to a voter at a drop box, it was a form of intimidation,” Griffith said Thursday.
Attempts to speak to the man referenced by Griffith were unsuccessful Thursday because he left Penn Place shortly after Griffith informed county officials of the matter.
Due to the restrictions on questioning the drop box voters about designated agent forms and potential accusations of intimidation, Griffith said he does not know if it is worth observing the boxes.
“If you can’t do anything about it, what is the point of doing it?” he said.