Luzerne County drop box hosts must hold the county harmless for ‘anything that happens’

Luzerne County Chief Solicitor Harry W. Skene has informed both mail ballot drop box hosts not on county government property that they must agree to hold the county harmless for “anything that happens relating to the drop box” for the upcoming Nov. 5 general election.

Skene sent the letters Wednesday to the Wright Manor assisted living facility in Mountain Top — which is owned by the county Housing Authority — and Misericordia University in Dallas.

Housing Authority Solicitor Bruce Anders said Wednesday he will review and discuss the matter with the authority’s five-citizen board and director before a decision is made on how to proceed.

A Misericordia University marketing representative was not available to comment Wednesday evening.

Skene’s communication to the two entities, which was forwarded to county election board members, requests their signature on a drop box agreement running from Oct. 1 to Nov. 6.

Skene wrote:

“County administration is working feverishly to extend protection to our employees and the public during the upcoming election. However, as the drop box will be on your property, we cannot secure the box. Therefore, as stated in the enclosed agreement, all responsibility for providing whatever it takes to secure the drop box and protect the public will be fully your responsibility, and you agree to hold the county harmless for anything that happens relating to the drop box.”

Skene thanked them for their assistance, said he appreciates their efforts and offered to speak to their solicitors if they have questions.

The agreements contained this clause: “The return site, its successors and assigns, agrees to indemnify, defend, protect, release and hold harmless the county from and against any and all claims, demands, liabilities, damages, costs, fines, penalties and expenses, including, without limitation, court costs and attorneys’ fees, resulting from any and all loss of life or property, or from any injury or damage to the person or property of any person, firm, corporation or entity, arising out of or in connection with the hosting and use of the drop-box by county voters or any other third parties utilizing said drop box.”

The county’s two other drop boxes are set up inside the county-owned Broad Street Exchange in Hazleton and Penn Place Building in Wilkes-Barre.

Drop box background

A majority of the county’s five-citizen election board added the drop box at Misericordia University’s Passan Hall for the 2022 primary to serve Back Mountain voters.

The Wright Manor box was added for the 2023 primary election as a replacement site for the Wright Township Volunteer Fire Department, which had notified the county its fire station would no longer host a box.

County Manager Romilda Crocamo told the county election board last week she has “very serious safety concerns” for the November general election, including the securing of drop boxes.

Drop box critics have argued the boxes should be manned to ensure voters have authority if they bring in more than one ballot, but Crocamo told the board the county does not have manpower to station sheriff deputies at each drop box.

Crocamo has said she plans to use a portion of upcoming state Election Integrity Grant funding to provide safety measures for election workers, including poll workers. Security must be stepped up at Penn Place, which houses the election bureau, to ensure nobody feels at risk, she had said.

Drop box advocates have pointed out mail ballots sometimes arrive too late to return them through regular mail or that some voters have more confidence their ballot will get to the election bureau through a drop box.

County officials have worked to issue ballots sooner, when possible.

Completed mail ballots must be physically in the election bureau by 8 p.m. on Election Day.