A proposed “election worker protection ordinance” in Luzerne County received the four of 11 council votes needed to keep it under consideration Tuesday, and Councilwoman Joanna Bryn Smith, the ordinance’s author, said she has already submitted a revised version to address some issues.

For the ordinance to pass, a public hearing and majority council approval at a future meeting is required.

Bryn Smith sent the revision to her colleagues on Monday, saying in her email that she “made some changes after reflection and Mr. Chairman’s comments in the press.”

Council President John Lombardo and District Attorney Sam Sanguedolce both criticized the original proposal because of mandates it placed on the district attorney’s office.

Sanguedolce said he had serious concerns about the directives, including those involving the separation of powers in the United States and state constitutions. He said his office already “takes election issues very seriously.”

Lombardo had said the district attorney should have been involved in crafting the ordinance because his office would be mandated to follow the legislation, and said he believes the DA’s office is “already doing a lot of what’s in this proposal.”

Bryn Smith’s revision removes all references to the DA’s office and changed the proposal’s description to an ordinance “affirming protections for election workers from intimidation, harassment and abuse.”

It lists prohibited acts related to disruption, threats, retaliation and harassment. Under the interference list, for example, it states that no person shall obstruct, hinder or otherwise interfere with an election official in the performance of his duties.

“This includes physical, electronic or psychological barriers that impede the ability of election officials to conduct elections,” it said.

The proposal asserts that these prohibitions are “consistent” with the Pennsylvania Crimes Code, state election laws and applicable federal laws.

The ordinance would apply to acts committed within the county and harassment or threats originating from outside the county, it said.

“This ensures that perpetrators cannot evade responsibility due to physical location, and emphasizes that protections cover both digital and physical threats,” it said.

The regulation mandates the electoral agency to immediately document any applicable incidents.

Finally, the proposal imposes a maximum fine of $1,000 or up to 90 days in county jail if fines are not paid by an offender found guilty. It makes violations subject to summary enforcement proceedings.

Lombardo said the audit was not posted with Tuesday’s agenda because there was not enough time for a law firm review within 24 hours of the meeting. It must be presented as an amendment at a future meeting and published publicly, he said.

Citizen complaints

Ten residents spoke against the ordinance. While some echoed concerns related to the DA’s Office directive that Bryn Smith intends to eliminate, most voiced complaints about the concept itself.

Swoyersville resident Greg Griffin said he sees it as an attempt to “mum” free speech.

Former county elections director Eryn Harvey said she felt safe on the job and was not aware of election staff or poll workers being threatened or harassed. She urged the council to vote no, describing it as an attempt to “spread fear and confusion.”

Jamie Walsh, of Ross Township, also questioned that poll workers are under threat, describing efforts to push the issue as a “sham” at a time when resources should be devoted to election preparation.

Swoyersville resident Desiree Edwards described the proposal as “more fearmongering.”

Ben Herring, of Duryea, called it a “boogeyman ordinance” that wastes the council’s time.

A Dallas Township woman was the lone citizen to voice her support, saying the protection of pollsters should be a partisan issue.

All four Democratic council members – Bryn Smith, Patty Krushnowski, Jimmy Sabatino and Brittany Stephenson – voted to introduce the ordinance so it could move on to discussion and debate, while the remaining seven Republican council members opposed the introduction.

In an effort to clear up some citizen interpretations that the county administration was behind the proposal, County Executive Romilda Crocamo said she protects everyone involved in county elections.

“Whether an ordinance passes or not, Luzerne County will have a safe, secure and open election. It’s my obligation to deliver that, and I will,” Crocamo said. “I don’t need an ordinance telling me to the.”

In other business, a majority voted to appoint James Dennis to a vacant seat on the Luzerne County Community College Board of Trustees.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.