RNC Claims Victory In Montco Election Lawsuit As Local Leaders Reject It

NORRISTOWN, PA — Republicans have claimed victory and withdrawn a preliminary injunction against Montgomery County after they alleged the county sent out its ballots without completing the legally mandated testing of its voting equipment. The county strongly disputes the GOP narrative.

The RNC says that their lawsuit has been successful in getting Montgomery County to "admit" they did not follow proper procedures.

See previous coverage: RNC Files Lawsuit Against Montco, Says Ballots Sent Out Too Soon

Specifically, the suit claimed that the county had not completed the necessary "logic and accuracy" testing of its machines, scanners, and ballot-marking devices, as required by state law, before the ballots were sent out, the RNC suit claims.

In reality, the county did complete the testing, but it was completed on Sept. 10, before the Pennsylvania Secretary of State's certification of the final ballot occurred on Sept. 16. Montgomery County says its just an effort to undermine the election.

"Voting has begun in Pennsylvania — and so has the RNC’s first line of attack on voting rights," Montgomery County Commissioner Neil Makhija said. "Here in Montgomery County, they’re threatening us under spurious legal grounds to breed distrust in voting systems, calling our ballots 'illegal' without any legitimate basis. We test our machines. Voting here is safe, secure, and no level of intimidation will prevent access to the ballot for every Montco citizen."

The lawsuit made national news and has drawn the attention of major Internet figures on the right — such as Jack Posobiec— who have used social media to get engagement on the issue from hundreds of thousands of supporters.

“Election officials must be held accountable, and that’s exactly what we’ve done in Montgomery County," RNC Chairman Michael Whatley said in a statement. "Rules, safeguards, and laws are critical to ensuring there are no holes in the system that undermine voters or election integrity. We have verified the facts, confirmed that the illegally sent ballots will be cast and counted properly, and protected early voters in the Keystone State."

Though the preliminary injunction, which sought to stop mail-in balloting in Montgomery County altogether, has been withdrawn, the lawsuit against the county remains in place.

Related: Donald Trump To Rally In Montgomery County On Monday

The county said from the beginning that the lawsuit's allegations were false, and an effort to undermine the election. After the lawsuit was filed the county completed additional testing, which appears to be what the RNC is characterizing as "admitting" wrongdoing.

Because the RNC withdrew their injunction, a judge will not have a chance to formally throw the request out of court, and a ruling on the suit itself is unlikely before Election Day.

Montgomery County said this week that 42 percent of all mail-in ballots they've sent out have already been returned.