Senate Democrats to Take Legal Action Against Overreaching Republican Subpoena and Corrupt Election Investigation

Harrisburg – September 15, 2021 – Following today’s Senate Intergovernmental Operations Committee hearing, of which had one agenda item- Consideration of a motion to authorize the issuance of subpoenas- Senate Democratic Leader Jay Costa, Democratic Chair of the Intergovernmental Operations Committee, Anthony H. Williams, and committee members Vincent J. Hughes and Steve Santarsiero held a press conference to discuss legal action they will take to challenge Republican members’ call for confidential data from the Department of State, including a complete list containing the names, dates of birth, driver’s license numbers, and last four digits of social security numbers of all registered voters within the Commonwealth of Pennsylvania as of May 1, 2021.

Lawsuits filed by Senate Democrats will be in direct response to Senate Republicans’ far-reaching subpoena, which they argue is a violation of the separation of powers. The forthcoming lawsuit will ask the courts to confirm that the Senate is not the place to conduct an untimely election contest or to undertake an audit that will force election officials to violate federal law and invade the privacy of each and every Pennsylvania voter. The Senate does not have authority to perform either. Senate Democrats will also request to have courts protect the secrecy of ballots, which is a constitutional protection in Pennsylvania, as well as additional personal voter information Senate Republicans are seeking. The committee members also plan to file an injunction against the subpoena, asking the court to hold those until their lawsuit is heard in court.

“Facts are facts, and the law is non-negotiable. Unfortunately for Senate Republicans, those realities don’t bode well for them in this investigation. Despite their quest to engage in a partisan exercise that wastes taxpayer resources and only seeks to prove a Big Lie about an election that has already been audited and certified, our goal is not to make this a Democrat vs. Republican fight. Our goal is to follow the law at both the state and federal level,” said Senate Democratic Leader Jay Costa.  “I really regret to see Senator Corman commit more and more to this path that he himself admitted was wrong back in 2020. We must not sacrifice the most fundamental principal of our democracy-fair and equal elections- so that some may pursue political gain by perpetuating the Big Lie that this election was stolen.”

Senator Dush confirmed he has yet to determine who will handle the millions of records he’s requesting or how the investigation will use the copious amounts of data. He did confirm the investigation would be paid for with taxpayer money, yet he is unwilling to share publicly about vendors he’s vetting. Decisions related to the investigation will be made with his partisan “team” of legal counsel and potentially with GOP colleagues. If millions of personal records are subpoenaed from the Secretary of State, they will be held by Republican counsel, although no details were shared on how those records would stay secure against physical or digital breach. The hearing concluded with a 7-4 vote along party lines in favor of the subpoena, with two Republican members who actively tried to overturn the 2020 election results voting “yes”.

“What transpired at our first hearing should concern everyone involved,” said Senate Democratic Whip and ranking member of the Intergovernmental Operations Committee, Anthony H. Williams. “And if the first hearing wasn’t enough to warrant concern, consider now Senate Republicans are asking for personal information of millions of people across the commonwealth with no plan for how they will keep the data secure, how they will use it to investigate their conspiracy theory, or who will be responsible for cleaning up the mess if there is a data breach. So, while Senate Republicans play this dangerous game with our democracy and the personal information of Pennsylvanians, Senate Democrats will stay on the side of the law and truth. I hope our colleagues eventually join us.”

“We do not need personal information to draft legislation. That fact, along with so many others clearly shows this so-called investigation represents corruption at every turn,” added Senator Vincent Hughes, who is a committee member and Democratic Chair of the Senate Appropriations Committee. “We’ve had one witness in this investigation so far. He was presented as a concerned county official, but during his testimony we learned he’d been in contact with elected officials in 2020 trying to overturn fair and credible election results. Now our committee is issuing subpoenas for personal voter records related to an election that has been audited several times and certified. I question what Senate Republicans hope the outcome of all this is. Where there’s smoke there’s fire, and all I’ve seen so far is a lot of smoke that leads back to one Big Lie from a former President who lost in Pennsylvania. The evidence of Republican attempts to overturn the results of a legitimate election is growing.”

Less than a week ago, Republican Chair of the Intergovernmental Operation Committee, Senator Chris Dush, convened a hearing with just one witness: Commissioner and Chair of the Fulton County Board of Election Stuart Ulsh. During his testimony it was revealed Commissioner Ulsh emailed Senator Judy Ward and Representative Jesse Topper from his private email account on November 9, 2020, stating, “The people are asking who all is in this fight with Senator Mastriano. It couldn’t hurt the Trump campaign if our state Representatives all got involved. If we don’t stop this election problems next will be worse. If there were 109 house and 27 senate with Senator Mastriano it would be a big help. The people need this. Respect their vote.”

“The Republicans’ subpoena is a brazen attempt to use public taxpayer dollars to fund a partisan effort to contest the 2020 election,” said committee member and ranking Democrat on the Judiciary Committee, Senator Steve Santarsiero.  “This is absolutely an attack on the freedom to vote, where the confidential, personal information of 7 million Pennsylvanians is being given to private entities that are accountable to no one other than the Senate Republican caucus.  It was revealed today that it is possible one or more of these vendors could have been in the employ of either Donald Trump or someone associated with his campaign or supporting his campaign. This lack of transparency and accountability should worry every Pennsylvanian and every American.  As to the information that came out of last week’s hearing, we are calling on U.S. Attorney General Merrick Garland to investigate the activities that unfolded in Fulton County in December of 2020, which apparently involved granting partisan consultant access to sensitive voter information without a public vote. These activities need to be investigated for potential violations of federal law.” 

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Senator Jay Costa Issues Statement on PA Election Investigation and Unlawful Subpoenas

Harrisburg, PA − September 10, 2021Senate Democratic Leader Jay Costa today issued the following statement in response to President Pro Tempore’s Jake Corman’s announcement on 2020 election investigation:

“Senate Democrats stand for protecting an individual’s right to vote. The Senate Republicans announcement today of their intention to issue unlawful subpoenas and “to take other steps necessary to get access to ballots and other voting materials” is shocking and a blatant disregard of a voter’s constitutional right that their ballot is secret. 

The Senate Republicans announcement completely contradicts what their own committee chairman stated on the record yesterday about how this is not about the rehashing last year’s election, but rather looking forward to see what needs to be changed in our state election laws. This is their latest attempt to disenfranchise voters and undermine the integrity of our electoral system.

I find it disgraceful that Senate Republicans have chosen to waste precious time and resources at the expense of taxpayers calling into question the legitimacy of an election in which the rest of this Commonwealth and nation has put behind them. It is time to move forward and get down to doing the people’s business. It’s time for us to focus on real issues affecting real people.”

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Senate Dem Members of Intergovernmental Operations Committee Question Why Senate Republicans are Misusing Committees & State Resources

Harrisburg – September 9, 2021 – The Senate Intergovernmental Operations Committee held a hearing today to allegedly examine the PA Department of State’s evolving guidance to counties during the monumental 2020 general election. Testimony today from the Chairman of the Fulton County Commissioners and the Board of Elections revealed that despite all evidence indicating the elections in the county were run smoothly with regular communication and information from the PA Dept. of State, investigations occurred on Fulton County voting machines recommended by Senate Republican members with no information on who paid for such investigations.

“It is disgraceful that Senate Republicans have chosen to waste our time calling into question the legitimacy of an election that four of their members on the Intergovernmental Operations committee were elected in, and that have been certified and held up in numerous courts of law,” Sen. Anthony H. Williams (D- Delaware/Philadelphia), Democratic Chair of the Intergovernmental Operations Committee, said.

Senate Democratic Leader, Jay Costa (D- Allegheny) continued, “The Intergovernmental Operations Committee should not be examining elections because their committee simply does not have the authority to do so. Despite this fact, we heard in sworn testimony today that the Department of State did their due diligence in effectively communicating with counties about new voting procedures as a result of Act 77 of 2019 and the further implications of an unprecedented global pandemic.”

Fulton County Commissioner and Chair of the county Board of Elections, Stewart Ulsh, said in today’s hearing that in his five years and a half years overseeing elections, he has never had so much contact with the Pennsylvania Department of State. Ulsh stated, under oath, that despite numerous changes to voting procedures as a result of Act 77 of 2019, Fulton County found no fraud in their elections and faced no major challenges in conducting the 2020 elections. 

During the hearing, Sen. Steve Santarsiero (D- Bucks) asked Ulsh about the election assessment conducted in Fulton County by Wake Technology services and published in February of 2021.

Ulsh said that he felt an investigation was needed after the November 2020 elections, and a member of the Senate Republican Caucus gave him the name of Wake Technology Services for the purposes of reviewing the Fulton County 2020 lection.

Ulsh repeatedly stated that he does not know where the money came from to pay Wake Technology Services, even though they were given full access to voting information in the county, and Ulsh was also unwilling to answer why a draft report of the election assessment was altered before being posted to the county website to include information regarding potential issues with county voting machines.

Despite insistence by Commissioner Ulsh that the report by Wake Technology Systems listed who paid for the assessment, no mention of this is found in the actual report found in full on Fulton County’s website.

Members of the Senate Democratic Caucus said they found it extremely disconcerting that information about payment regarding county election assessments is being withheld from the public domain.

Sen. Vincent Hughes (D- Montgomery/Philadelphia) also stated in the hearing that reporting has shown that Commissioner Ulsh, along with fellow Fulton County Commissioner Randy Bunch, contacted sitting Republican members of the legislature to urge them to support the calls of former President Trump and Sen. Doug Mastriano (R- Adams/Cumberland/Franklin/York) to label 2020 as rigged and stolen election, despite absolutely no proof of any wrongdoing.

“There is a nationally-orchestrated effort to deny people the right to vote,” said Sen. Steve Santarsiero (D- Bucks), member of the Senate Intergovernmental Operations Committee. “It’s a scam. We are standing up to protect our citizens’ right to vote and not allow some elected officials pick the winners. It’s time for us to focus on protecting our communities, our healthcare system and our economy from the ravages of the pandemic. It’s time for us to focus on helping our residents and businesses racked by the damage of tornadoes and floods that are the effects of climate change.”

Senate Democrats continue to assert that it’s time to move past further review of the fair and credible election results of 2020 and get down to doing the people’s business. This includes actual improvements to the election system that the counties are requesting to assist them in carrying out elections more efficiently. Items like pre-canvassing of mail-in ballots, drop box security and ensuring sufficient resources to support poll workers as well as any new technology requirements are the Democratic Caucus’ priorities.

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Sen. Costa Announces $2.6 Million in Community Crime Prevention Programs

HARRISBURG – September 8, 2021 – Sen. Jay Costa (D-Allegheny) announced today that over $2,615,616 million in grant funding has been awarded to area programs to address gun violence, opioid use, and community crime prevention programs.

“I am pleased that numerous organizations in Allegheny County have received much needed funding to address issues of crime, drug use, and violence within their communities. We must empower folks on the ground to address these issues among their peers and in their own communities to prevent future generations of engaging in the same harmful patterns,” Costa said.

The grant funding is awarded through the Pennsylvania Commission on Crime and Delinquency (PCCD).

The following organizations have been awarded funding through PCCD programs:

  • Brothers and Sisters EmergingCommunity Programs – $150,000 Awarded through the JJDPC State Violence and Delinquency Prevention Program Funds
  • Three Rivers Youth Inc.LifeSkills Training Planning Project – $100,000 Awarded through the JJDPC Federal State Opioid Response (SOR) Funds
  • Allegheny County Chief Executive OfficerAllegheny County Jail MAT Methadone Program – $150,000 Awarded through the CJAC Opioid Response Funds
  • Allegheny County Chief Executive OfficerLatent Prints Continuous Improvement Project– $9,853 Awarded through the CJAC Byrne Justice Assistance Grant Funds
  • Allegheny County Office of the Medical ExaminerFirearms Examination Initiative – $224,945 Awarded through the Gun Violence Reduction Grant Program
  • Allegheny Intermediate UnitSchool- based and Community Outreach Program – $225,000 Awarded through the Gun Violence Reduction Grant Program
  • Center for VictimsFamily and Community Support Team Funding – $225,000 Awarded through the Gun Violence Reduction Grant Program
  • Community Empowerment Association, Inc. – Gun Violence Prevention and Community-based Outreach Efforts – $225,000 Awarded through the Gun Violence Reduction Grant Program
  • Greater Valley Community ServicesViolence Prevention in Braddock and Surrounding Areas – $200,000 Awarded through the Gun Violence Reduction Grant Program
  • Healthy Village Learning InstituteProactive Prevention and Intervention Processes through the P.O.W.E.R. (Positive Outcomes With Excuses Removed) Prevention Program – $211,680 Awarded through the Gun Violence Reduction Grant Program
  • South Pittsburgh Coalition for PeacePeacemakers Street Outreach Intervention Initiative – $220,000 Awarded through the Gun Violence Reduction Grant Program
  • The Center that CARESEnhancing the REACH Initiative Prevention Program – $220,000 Awarded through the Gun Violence Reduction Grant Program
  • Voices Against ViolencePrograming for Street Mediation, Conflict Resolution, and Restorative Justice Practices – $177,000 Awarded through the Gun Violence Reduction Grant Program
  • Legacy Arts ProjectDrums Not Guns Youth Art Apprenticeship Program – $205,750 Awarded through the Gun Violence Reduction Grant Program
  • Allegheny County Chief Executive OfficerDecreasing Gun Violence through the CURE Model – $71, 388 Awarded through the CJAC Gun Violence Reduction Funds

More information about PCCD and their grant funding can be found at pccd.pa.gov.

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Senators Saval, Costa, Hughes, Haywood Announce New Legislation to Keep Struggling Pennsylvanians Housed

Harrisburg, PA − August 23, 2021 − Senator Nikil Saval (D–Philadelphia), Senator Jay Costa (D–Allegheny), Senator Vincent Hughes (D–Philadelphia/Montgomery), and Senator Art Haywood (D–Philadelphia/Montgomery) today announced their plans for legislation to keep struggling Pennsylvanians housed. This sweeping legislation would pick up aid to Pennsylvania renters and homeowners where federal eviction and foreclosure moratoria left off.

The proposed legislation would require landlords seeking to evict tenants for nonpayment of rent to apply for relief from the Emergency Rental Assistance Program. In addition, courts with jurisdiction over the eviction process would be required to grant a continuance of 60 days, until a decision for the tenant’s rental assistance application is reached.

Mortgage servicers, similarly, would be required to inform borrowers of financial programs to help prevent foreclosure and to halt foreclosure proceedings until they are compliant with federal loss mitigation guidelines. The Office of the Attorney General would oversee claims from servicers that demonstrate difficulties with compliance.

“The eviction and foreclosure moratoria were never designed to permanently prevent the forced removal of people from their homes—these measures simply determined who would be evicted now and who would be evicted later on,” said Senator Saval. “Right now, our Commonwealth has $500 million in state rental assistance funds for struggling tenants and $350 million in federal funds for struggling homeowners. If we act swiftly, we can prevent poverty-based evictions and foreclosures. Our legislation will be a blueprint to keep Pennsylvanians who have struggled for so long safe in their homes.”

“When Congress appropriated more than $1.5 billion in emergency rental assistance to the Commonwealth to address rent and utility delinquencies created due to the COVID-19 pandemic, very few counties had a rental assistance program ready for the sudden influx of money and that has caused significant delays in getting money to those who need it,” said Senator Costa. “We know the necessary funding is available to alleviate the economic stresses the pandemic has put on homeowners, landlords, and tenants alike, and through this legislation, we can ensure that people stay housed without it coming at the expense of landlords and mortgage companies. Knowing that evicting people from their homes is detrimental to our public health and can interfere with efforts to slow the ongoing pandemic, we need an all hands on deck approach to address this matter.”

“For the past 18 months, Pennsylvanians have endured compounding crises—the largest public health crisis in generations, layered on top of a decades-long housing crisis,” said Senator Hughes. “Our highest priority, as legislators, is the health and well-being of our people. In Philadelphia, we have seen first-hand that linking struggling tenants with rental assistance has drastically reduced the number of eviction filings. We need to extend these protections to people across the Commonwealth, and we are excited for our colleagues to add their support.”

“The Supreme Court may end the moratorium this week,” said Senator Haywood, noting that for Pennsylvania renters, the ever-present threat of eviction looms heavily on the horizon. “This legislation to protect Pennsylvania tenants and homeowners from eviction and foreclosure is critical.”

The announcement of the new legislation comes as COVID-19 cases around the United States climb to the highest levels seen since February 2021, near the height of the pandemic. A wave of panic struck renters when the previous eviction moratorium expired at the end of July.

Requiring landlords to apply for rental assistance as a precursor to filing eviction for nonpayment has a proven track record in Pennsylvania. This approach has been used as part of a successful eviction diversion program by the City of Philadelphia, which consequently saw the number of eviction filings drop by more than 75%. Through this process, both landlord and tenant are protected. The proposed state legislation would do the same for renters and extend similar protections to homeowners and mortgage servicers.

The need for this legislation is immense. Recent results from the Centers for Disease Control and Prevention’s Household Pulse Surveys indicate that an average of 25.1% of U.S. renters reported being unable pay rent or worrying that they might not be able to do so in the next two months. An average of 8.1% of U.S. homeowners reported that they face foreclosure, and another 4.6% indicated they are behind on their mortgage payments.

The full co-sponsorship memo is available here.

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