Efforts to Audit and Undermine the 2020 Election in Pennsylvania

Pennsylvania has joined the growing number of states where partisan actors have launched baseless election investigations, with Republican lawmakers initiating in September 2021 a “forensic investigation” into the state’s 2020 election results.

In September 2021, Republican legislators in Pennsylvania launched a “forensic investigation” of the state’s 2020 election results, yet another attempt to sow doubt about the integrity of the election. The review was announced many months after the election had been certified by then-Pennsylvania Secretary of State Kathy Boockvar, and fits into the disturbing pattern of similar investigations in states across the country — including Texas, Wisconsin, and Arizona — that elevate false claims of widespread voter fraud and undermine faith in democracy. 

Supporters of former President Trump’s baseless claims of fraud had been laying the groundwork for months. In late December 2020, state Senate President Pro Tempore Jake Corman created a “Special Committee on Election Integrity and Reform.” And in January, Republicans in the state House of Representatives kicked off a series of hearings about the election process and filed H.B. 1300, a comprehensive voting-restrictions bill that was ultimately vetoed by Gov. Tom Wolf. They have also attempted twice to push through legislation that would establish a state Bureau of Election Audits — the first effort was vetoed over the summer by Gov. Wolf. A pilot audit in 63 out of the state’s 67 counties, completed in February, reviewed more than 45,000 ballots and confirmed Biden’s victory, but did little to alter the course of these anti-democratic efforts. 

One key player leading the push to “audit” Pennsylvania’s election was state Sen. Doug Mastriano, a vocal Trump ally who attended — and organized buses to — the rally that preceded the attack on the U.S. Capitol on Jan. 6. In the spring, reporting on the Arizona Senate’s partisan election review revealed that one of the review’s participating firms, Wake Technology Services Inc., had in late 2020 contracted with a group led by former Trump lawyer Sidney Powell to conduct a review of ballots cast in Pennsylvania’s Fulton County, which had been set up by Mastriano.

Mastriano visited the Arizona Senate’s sham election “audit” in June 2021 and was inspired to implement a similar effort in his home state. Over the summer, he sent letters to York, Tioga, and Philadelphia counties demanding that they turn over election equipment and voting machines. However, in August, Corman pushed Mastriano out of his chairmanship of the Intergovernmental Operations Committee and replaced him with Sen. Cris Dush, thwarting Mastriano’s plans to subpoena the counties. While no longer the chair, Mastriano remained on the committee and in the Senate’s investigation. In 2022, Mastriano unsuccessfully ran as the Republican nominee for governor of Pennsylvania.

In August 2021, American Oversight obtained records from the Dec. 31 audit in Fulton County, which suggested that Mastriano may have threatened election officials with subpoenas unless they voluntarily cooperated in an audit. In one text message, the county elections director said that Mastriano had told “all counties … to do this or be subpoena[ed] to prove votes.” A later message from Commission Chair Stuart Ulsh said, “It was happening this way or in a subpoena.” The records obtained by American Oversight also confirmed that the review in Fulton County had taken place without the knowledge of the county’s Democratic commissioner, Paula Shives. In the text messages, exchanged by Shives, the other commissioners, and the elections director on the day of the audit, Shives expressed frustration at having been shut out from the review and at its lack of formal approval

During a September 2021 hearing on “election integrity” in the state Senate, Ulsh, who was the only witness, testified that no issues or fraud had been uncovered by the Fulton County audit, despite a February report from Wake TSI that had been revised before being made public to imply that there were election vulnerabilities. During his testimony, Ulsh also denied being aware of Mastriano’s involvement in the audit and said that all three commissioners had agreed to it. In early December, American Oversight sent a letter to the Senate highlighting these inconsistencies. 

Following the hearing, the Republican-controlled Senate voted to issue subpoenas that would compel Wolf’s administration to release records containing personal information of every voter in the state, as well as records of communication between state and local election officials. The statewide investigation largely stalled after the Senate’s subpoena faced challenges in court. In December 2022, Gov. Tom Wolf’s administration moved to dismiss the subpoena.

While the state Senate’s efforts were mostly fruitless, counties across Pennsylvania have seen attempts to cast doubt on elections processes at the local level, from hand recounts to certification delays following the 2022 midterms.

American Oversight has filed numerous public records requests to uncover details about election denial efforts across the state, including requests to counties and government offices for documents, including communications with people pushing the stolen election lie. American Oversight obtained the documents from Fulton County after our administrative appeal was granted by the state’s Office of Open Records.

In January 2022, American Oversight filed a lawsuit against Fulton County to compel the release of multiple categories of additional records that had been requested but had not yet been produced by the county. In April 2023, we added Wake TSI as a defendant in the lawsuit after sending a letter asking the company to preserve any and all records related to the election analysis they conducted. 

Updates

Wake TSI Must Produce Records in Pennsylvania Election Audit Records Case

August 2, 2023
The company Wake TSI must produce records related to its review of the 2020 election in Pennsylvania’s Fulton County, a court ordered in American Oversight’s lawsuit.

American Oversight Seeks Default Judgment Against Wake TSI in Pennsylvania Election Audit Records Case

June 14, 2023
Wake TSI failed to respond to American Oversight’s filing adding the company as a defendant in the lawsuit for public records related to Fulton County’s election review.

American Oversight Adds Wake TSI to Lawsuit Against Fulton County, Pa., for Election Review Records

April 6, 2023
American Oversight added the firm Wake TSI as a defendant in its lawsuit for records related to the county’s review of voting machines in the weeks after the 2020 election.

In the Documents: Emails Between Pennsylvania’s Butler County Commissioners and Prominent Election Denial Group

February 16, 2023
American Oversight obtained communications between county commissioners and “election integrity” groups, including one organization that has pushed for vote recounts throughout the state.

American Oversight and the Big Stories of 2022

December 22, 2022
In 2022, American Oversight used records requests and litigation to obtain more than 750,000 pages of public documents.

American Oversight Asks Wake TSI to Preserve Records Related to Review of 2020 Election in Fulton County, Pa.

December 22, 2022
As part of an ongoing investigation into the county’s problematic review of 2020 election results, American Oversight has asked the software company to preserve any and all records related to the election analysis it conducted.

News Roundup: The Lies that Undermine

March 25, 2022
The latest news on threats to democracy, from renewed scrutiny on Mark Meadows and Ginni Thomas to the seemingly inexhaustible efforts in various states to keep alive the election-undermining lies.

News Roundup: A Coordinated Coup Attempt

January 14, 2022
We’ve written a lot about the Big Lie’s evolution — from fear-mongering about voter fraud to the attempts to subvert the 2020 election, to the ongoing partisan election reviews — and the network of activists who have been keeping this anti-democratic movement alive.

American Oversight Sues Pennsylvania’s Fulton County for Key Audit Records

January 13, 2022
The lawsuit follows requests made by American Oversight under Pennsylvania’s Right-to-Know Law for documents from the review conducted by Fulton County in December 2020 and February 2021.

Fake Electoral Certificates Obtained by American Oversight Draw Renewed Scrutiny

January 12, 2022
The phony documents were submitted to Congress by Republicans in several states who sought to overturn Biden’s 2020 election victory by casting the state’s electoral votes for Trump instead.

Discrepancies in Fulton County Commissioner’s Testimony to Pennsylvania Senate

December 2, 2021
American Oversight sent a letter to the Pennsylvania Senate highlighting significant inconsistencies in testimony regarding a December 2020 audit of Fulton County election materials.

American Oversight Obtains Records from Post-2020 Election Review of Fulton County, Pa.

October 21, 2021
The records include text messages and other communications, indicating that state Sen. Doug Mastriano appears to have threatened the county with a subpoena unless they voluntarily undertook the audit.

Investigations Update: Poll Watchers, Vaccine Communications, and Continued Political Interference in Pandemic Response

October 27, 2020
See the latest in our investigations into state elections operations, political interference in the pandemic response, and the executive order to cease federal diversity and inclusion training.

Investigations Update: Hatch Act Violations, Covid-19 Vaccine Contracts, and South Carolina Ballots

October 20, 2020
See the latest in our investigations into the misuse of government resources for political purposes, the administration’s pandemic response, and voting rights in the states.
Show all updates

Related Documents

April 6, 2023

Complaint: American Oversight v. Fulton County, Pa., and Wake Technology Services, Inc. — Election Officials’ Communications

Pennsylvania - Fulton County
Litigation
March 15, 2023

Lycoming County, Pa., Records of Officials’ Communications with External Entities

Pennsylvania - Lycoming County
Agency Record
January 30, 2023

Records Request to Luzerne County, Pa., Seeking Communications Sent by Board of Elections Members

Pennsylvania - Luzerne County
FOIA Request
January 30, 2023

Records Request to Luzerne County, Pa., Seeking Communications Sent by Board of Elections Members Regarding Delayed Certification

Pennsylvania - Luzerne County
FOIA Request
January 30, 2023

Records Request to Luzerne County, Pa., Seeking Records Relied on by Board of Elections Members Voting Against Certifying Elections

Pennsylvania - Luzerne County
FOIA Request
January 30, 2023

Records Request to Luzerne County, Pa., Seeking Communications with External Entities

Pennsylvania - Luzerne County
FOIA Request
December 22, 2022

Letter to Wake TSI: American Oversight v. Fulton County, Pa. – Election Officials’ Communications

Pennsylvania - Fulton County
Litigation
December 8, 2022

Records Request to York County, Pa., for Communications with Audit the Vote PA

Pennsylvania - York County
FOIA Request
December 8, 2022

Records Request to York County, Pa., for Policy Documents Regarding Hand Recount

Pennsylvania - York County
FOIA Request
December 8, 2022

Records Request to York County, Pa., for Communications Regarding Hand Recount

Pennsylvania - York County
FOIA Request
June 30, 2022

Records Request to the Arizona Senate Seeking Records Reflecting a Meeting Regarding Decertification of Elections

Arizona Senate
FOIA Request
June 30, 2022

Records Request to the Arizona House of Representatives Seeking Records Reflecting a Meeting Regarding Decertification of Elections

Arizona House of Representatives
FOIA Request
February 3, 2022

Records Request to Arizona House of Representatives for Communications Between Former Rep. Anthony Kern and Trump Allies

Arizona House of Representatives
FOIA Request
February 3, 2022

Records Request to Queen Creek, Ariz., for Communications Between Former Council Member Jake Hoffman and Trump Allies

Arizona - Queen Creek Township
FOIA Request
February 3, 2022

Records Request to Georgia Soil and Water Conservation Commission for Communications Between Former District Region 4 Member Townsend Consiglio and Trump Allies

Georgia Soil and Water Conservation Commission
FOIA Request
February 3, 2022

Records Request to Georgians First Commission Seeking Communications Between Member C.B. Yadav and Trump Allies

Georgia Attorney General
FOIA Request
February 3, 2022

Records Request to Shelby Township, Mich., for Communications Between Shelby Township Clerk Stanley Grot and Trump Allies

Michigan - Shelby Township
FOIA Request
February 3, 2022

Records Request to Allegheny County, Pa., for Communications Between At-Large Allegheny County Council Representative Sam DeMarco III and Trump Allies

Pennsylvania - Allegheny County
FOIA Request
February 3, 2022

Records Request to Luzerne County, Pa., for Communications Between Executive Director of Office of Community Development Andy Reilly and Trump Allies

Pennsylvania - Luzerne County
FOIA Request
February 3, 2022

Records Request to Monroe County, Pa., for Communications Between Recorder Josephine Ferro and Trump Allies

Pennsylvania - Monroe County
FOIA Request
February 3, 2022

Records Request to City of De Pere, Wis., for Communications Between Second District Alderperson Kelly Ruh and Trump Allies

Wisconsin - Brown County
FOIA Request
February 3, 2022

Records Request to Wisconsin Elections Commission for Communications Between Commissioner Spindell and Trump Allies

Wisconsin Elections Commission
FOIA Request
February 2, 2022

Records Request to the Lake County, Ohio, Board of Commissioners Seeking Communications of Board President John Hamercheck About the Big Lie and with Big Lie Proponents

Ohio - Lake County
FOIA Request
January 13, 2022

Arizona Senate Communications Regarding Select Members’ Participation in an ‘Election Integrity’ Phone Call

Arizona Senate
Agency Record
January 13, 2022

Records Request to Cumberland County, Pa., for Records from Board of Commissioners Regarding Post-Election Investigations

Pennsylvania - Cumberland County
FOIA Request
January 13, 2022

Records Request to Cumberland County, Pa., for Records from Elections Director Regarding Post-Election Investigations

Pennsylvania - Cumberland County
FOIA Request
January 13, 2022

Records Request to Jefferson County, Pa., for Records from Board of Commissioners Regarding Post-Election Investigations

Pennsylvania - Jefferson County
FOIA Request
January 13, 2022

Records Request to Jefferson County, Pa., for Records from Elections Director Regarding Post-Election Investigations

Pennsylvania - Jefferson County
FOIA Request
January 13, 2022

Records Request to Adams County, Pa., Board of Supervisors for Communications with External Entities

Pennsylvania - Adams County
FOIA Request
January 13, 2022

Records Request to Franklin County, Pa., Board of Supervisors for Communications with External Entities

Pennsylvania - Franklin County
FOIA Request
January 13, 2022

Records Request to Blair County, Pa., Board of Supervisors for Communications with External Entities

Pennsylvania - Blair County
FOIA Request
January 13, 2022

Records Request to Adams County, Pa., Board of Supervisors for Communications with State Senate

Pennsylvania - Adams County
FOIA Request
January 13, 2022

Records Request to Franklin County, Pa., Board of Supervisors for Communications with State Senate

Pennsylvania - Franklin County
FOIA Request
January 12, 2022

Records Request to Pennsylvania Senate Seeking Expense Records for Election Investigation

Pennsylvania Senate
FOIA Request
January 12, 2022

Records Request to Pennsylvania Senate Seeking Contractual Documents for Election Investigation

Pennsylvania Senate
FOIA Request
December 6, 2021

Fulton County, Pa., Records of State Election Officials’ Communications with External Entities

Pennsylvania - Fulton County
Agency Record
December 2, 2021

American Oversight Letter to Pennsylvania Senate — Testimony of Fulton County Commissioner Ulsh Before the Senate Intergovernmental Operations Committee

Pennsylvania Senate
September 13, 2021

Pennsylvania Office of Open Records Final Determination on American Oversight Appeal Seeking Fulton County ‘Audit’ Records

Pennsylvania - Fulton County
Litigation
September 1, 2021

York County, Pa., Elections Director Communications Regarding Proposed Elections Investigations

Pennsylvania - York County
Agency Record
September 1, 2021

York County, Pa., Board of Supervisors Communications Regarding Proposed Elections Investigations

Pennsylvania - York County
Agency Record
September 1, 2021

York County, Pa., Board of Supervisors Communications with Specific External Entities

Pennsylvania - York County
Agency Record
September 1, 2021

York County, Pa., Elections Director Communications Regarding Proposed Elections Investigations

Pennsylvania - York County
Agency Record
September 1, 2021

York County, Pa., Board of Supervisors Communications Regarding Proposed Elections Investigations

Pennsylvania - York County
Agency Record
September 1, 2021

York County, Pa., Board of Supervisors Communications with Specific External Entities

Pennsylvania - York County
Agency Record
July 26, 2021

Records Request to York County, Pa., Board of Supervisors Seeking Communications with External Entities

Pennsylvania - York County
FOIA Request
July 26, 2021

Records Request to York County, Pa., Elections Director Seeking Communications with External Entities

Pennsylvania - York County
FOIA Request
July 26, 2021

Records Request to York County, Pa., Board of Supervisors Seeking Communications Regarding Proposed Election Investigations

Pennsylvania - York County
FOIA Request
July 26, 2021

Records Request to York County, Pa., Elections Director Seeking Communications Regarding Proposed Election Investigations

Pennsylvania - York County
FOIA Request
July 2, 2021

Records Request to Fulton County, Pa., Seeking Board of Commissioners’ Communications with External Entities

Pennsylvania - Fulton County
FOIA Request
July 2, 2021

Records Request to Fulton County, Pa., Director of Elections and Voting Registration Seeking Communications with External Entities

Pennsylvania - Fulton County
FOIA Request
July 2, 2021

Records Request to Fulton County, Pa., Technology Director Seeking Communications Regarding Inspection of Election Equipment

Pennsylvania - Fulton County
FOIA Request
November 24, 2020

Records Request to Luzerne County, Pa., Seeking Emails with External Entities

Pennsylvania, Pennsylvania - Luzerne County
FOIA Request
October 28, 2020

Records Request to Pennsylvania Rep. Everett for Communications with External Entities Regarding Election Administration

Pennsylvania House of Representatives
FOIA Request
October 28, 2020

Records Request to Pennsylvania Rep. Everett for Communications Regarding Election Administration

Pennsylvania House of Representatives
FOIA Request
October 28, 2020

Records Request to Pennsylvania Rep. Metcalfe for Communications Containing Key Terms Regarding the Electoral College

Pennsylvania House of Representatives
FOIA Request
October 26, 2020

Right to Know Request to Beaver County, Penn., Seeking Communications with External Entities

Pennsylvania - Beaver County
FOIA Request
October 15, 2020

Records Request to Pennsylvania House Majority Leader Kerry Benninghoff Seeking Communications Containing Key Terms Related to Electoral College

Pennsylvania House of Representatives
FOIA Request
October 15, 2020

Records Request to Pennsylvania Rep. Everett Seeking Communications Containing Key Terms Related to Electoral College

Pennsylvania House of Representatives
FOIA Request
October 15, 2020

Records Request to Pa. Senate Majority Leader Corman Seeking Communications Containing Key Terms Related to Electoral College

Pennsylvania Senate
FOIA Request
October 15, 2020

Records Request to Pennsylvania Senate President Pro Tempore Joe Scarnati Seeking Communications Containing Key Terms Related to Electoral College

Pennsylvania Senate
FOIA Request
October 7, 2020

Records Request to Luzerne County, Pa., Seeking Communications Regarding Discarded Ballots

Pennsylvania - Luzerne County
FOIA Request
September 17, 2020

Records Request to Pennsylvania Department of State Regarding Polling Place Consolidation Procedures

Pennsylvania Department of State
FOIA Request
September 17, 2020

Records Request to Pennsylvania Department of State Seeking Records of Polling Place Consolidation

Pennsylvania Department of State
FOIA Request