Dec. 02, 2020

HARRISBURG – Rep. Daryl Metcalfe (R-Butler) joined with Senator-Elect Cris Dush, Rep. Aaron Bernstine, Rep. Tim Bonner, Rep. Stephanie Borowicz, Rep. Jim Cox, Rep. Russ Diamond, Rep. Jonathan Fritz, Rep. Mark Gillen, Rep. Barbara Gleim, Rep. Jim Gregory, Rep. Rich Irvin, Rep. R. Lee James, Rep. Mike Jones, Rep. Rob Kauffman, Rep. Dawn Keefer, Rep. Ryan Mackenzie, Rep. David Maloney, Rep. David Millard, Rep. Brett Miller, Rep. Dan Moul, Rep. Mike Puskaric, Rep. Kathy Rapp, Rep. Brad Roae, Rep. David Rowe, Rep. Frank Ryan, Rep. Tommy Sankey, Rep. Paul Schemel, Rep-Elect Brian Smith, Rep. Craig Staats, Rep. Parke Wentling and Rep. Dave Zimmerman in sending the following letter calling on Gov. Tom Wolf to exercise his constitutional authority and immediately convene the PA General Assembly into special session to provide election oversight:

“Dear Governor Wolf:

“We call on you to exercise your constitutional authority to immediately convene the General Assembly into a special session for the purpose of enabling the General Assembly to swear in its members and organize. Article II Section 2 provides for a legislator’s term to begin on December 1st. Article II Section 4 requires the legislature to convene at noon on the first Tuesday of January, at which time we are scheduled to be sworn in and organize. Due to the extraordinary election activities occurring, it is necessary for the General Assembly be sworn in and organize immediately in order to be actively engaged in continued oversight of this election to ensure the integrity of the process.

“Article IV Section 12 of the Constitution of Pennsylvania provides that the governor ‘may, on extraordinary occasions, convene the General Assembly.’ Additionally, Article II Section 4 of the Constitution of Pennsylvania provides that a special session may be ‘called by the Governor whenever in his opinion public interest requires.’ This election clearly represents an extraordinary occasion, and the public interest requires that you convene the General Assembly immediately.

“There are numerous unanswered questions regarding the election that require a sitting General Assembly to examine and fulfill our duty to conduct oversight. A General Assembly in session is necessary to seek answers to these questions to help restore our citizens’ faith in the electoral process. Interim State Government Committee Chair Seth Grove sent a list of such questions to Secretary Boockvar. In addition to his requests, we request the following information and answers to the following questions:

1. The logs indicating when dropbox ballots were collected and delivered, the log of persons who made these deliveries and who had access to dropbox keys and when that access was obtained.
2. Whether local officials created a two-person per key system with ballot dropboxes, such as an authorization key, physical key, or yubikey to ensure these ballots were properly collected and delivered for counting.
3. The logs indicating when ballots were collected and delivered from temporary satellite offices, and who had access.
4. The list of all private persons deputized to collect ballots through mobile pick-up efforts.
5. How were ballots delivered to the Pennsylvania Convention Center on November 3 and November 4? Are the logs to delivery trucks available for review?
6. How many jurisdictions used private grants to pay election workers? Which counties specifically participated in these grants?
7. Were local officials required to follow directives from the donors of these private grants? If so, what were the directives? Which counties specifically participated in these grants? Why were some counties eligible for these grants while others were not?
8. In response to eyewitness testimony presented during the Pennsylvania Senate Majority Policy Committee hearing held on November 25th in Gettysburg, the logs to the tabulators demonstrating which and when votes were recorded in Philadelphia during election week must be released.
9. The release of the shift logs and shift changes kept during election week for all workers and volunteers present in polling and tabulating locations.
10. The number, if any, of challenged ballots that were cast and the number which were counted.
11. Contracts between the state and/or local election offices and private organizations allowing either data sharing regarding poll books and registered voter lists or cooperation which involved allowing access to enter data in the poll books or participate in the design or maintenance or enhancement of the poll books and the Sure system.
12. Access to all video of dropboxes and all documents and information relating to the security steps taken to protect the integrity of ballots entering dropboxes and removed from dropboxes. Also, all documents and information relating to security and systems implemented to prevent fraudulent ballots becoming comingled with dropbox ballots.
13. Any and all communications and action taken to comply with court orders to segregate “cured” ballots from non-cured ballots and to segregate ballots received after election day from those received in a timely fashion.
14. Copies of the contract between the state and local officials with machine vendors making clear reference to the state’s right to gain access to machine logs and to conduct a review and/or investigation of machine performance. If this right is not reserved to the commonwealth or the local election office an explanation of why this right was not reserved.
15. Inventory of and logs of all USB or any other electronic data storage device which the Commonwealth, Counties, voting machine vendors or third parties to the voting process which had access to precinct or county voting systems as well as to any which were connected in any way to the SURE system.

“In addition, yesterday a Pennsylvania whistle blower revealed new information. A truck driver working for a subcontractor of the United States Postal Service revealed that he transported well over 100,000 completed absentee ballots from Bethpage, NY to Harrisburg, PA. There is no logical explanation for this to happen.

“We call on you to exercise the authority granted to you in our Pennsylvania constitution to call the General Assembly immediately into session so that we can provide the election oversight the public deserves.”

Representative Daryl Metcalfe
12th District
Pennsylvania House of Representatives

Media Contact: Ty McCauslin
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