Gaithersburg Attorney Files Federal Lawsuit Over Maryland’s Mail-In Voting Procedures

GATHERSBURG, MD News (8/24/2024) – Brian R. Della Rocca, a licensed attorney and resident of Maryland, has filed a federal lawsuit in the U.S. District Court for the District of Maryland, challenging the state’s mail-in voting procedures ahead of the 2024 general election. The lawsuit, Case No. 8:24-cv-02442-CDA, names Susan C. Lee, Maryland Secretary of State; Michael G. Summers, Chairman of the Maryland State Board of Elections; and Louis DeJoy, Postmaster General of the United States Postal Service (USPS), as defendants.

Nature of the Complaint

The complaint, filed on August 22, 2024, seeks declaratory and injunctive relief regarding the administration of mail-in ballots in Maryland. Della Rocca contends that the state’s continued use of mail-in voting, particularly universal mail-in voting—where any registered voter can vote by mail regardless of specific circumstances—poses significant risks to the integrity of the election process.

Allegations and Concerns

Della Rocca’s lawsuit is bolstered by detailed affidavits from investigators John F. Moynihan and Lawrence W. Doyle, who have been examining issues related to mail-in voting since the 2020 election. Their investigation was initiated following allegations made by Jesse Richard Morgan, a truck driver employed by a USPS contractor, who claimed to have transported mail-in ballots between USPS facilities in Bethpage, NY, Harrisburg, PA, and Lancaster, PA.

John F. Moynihan, a retired agent from the United States Drug Enforcement Agency (DEA), provided an affidavit describing his and Doyle’s investigative findings. According to Moynihan, their investigation focused on the USPS facility on Grumman Road in Bethpage, NY. They found that this facility, which is only equipped to handle packages and express mail, was inexplicably involved in the handling of first-class mail, including mail-in ballots—a task for which it was not equipped. A USPS employee, referred to as CI-1, confirmed that mail-in ballots were seen at this facility and were loaded onto trailers for delivery despite the facility’s lack of proper processing equipment​.

Lawrence W. Doyle, a retired institutional bond trader and private investigator, corroborated Moynihan’s findings in his affidavit. Doyle stated that CI-1 and another source, CI-2, both confirmed that the Grumman Road facility should not have been processing mail-in ballots, as it lacked the necessary “Oregon Machine” for imaging first-class mail. Doyle also noted that the handling of these ballots at an inappropriate facility likely disrupted the chain of custody, raising concerns about the integrity of the ballots processed through this route​.

The lawsuit also includes a declaration from Jesse Richard Morgan, the truck driver whose experiences initially prompted the investigation. In his statement, Morgan detailed how he was directed to transport 24 bins of mail-in ballots from Bethpage, NY, to Harrisburg, PA, and subsequently to Lancaster, PA. Morgan’s testimony raises further questions about the handling and routing of mail-in ballots during the 2020 election, suggesting possible discrepancies in the chain of custody and the procedures followed by USPS at that time​.

Detroit Ballot Investigation

Additional evidence provided in the lawsuit includes the Amended Report of July 26, 2023, by forensic document analyst Erich J. Speckin. This report details an investigation conducted at the Detroit Department of Election Office, where Speckin’s team examined and recounted ballots, register tapes, and other associated documents from the 2020 election. Speckin’s findings revealed significant discrepancies between the ballots present and the totals recorded, as well as inconsistencies in the paper stock and printing of the ballots.

Speckin noted several anomalies, including differences in the number of envelopes versus ballots, and discrepancies in vote totals reported to the state compared to what was actually found during the recount. For example, AV 79 had a total of 1,249 ballots, but 249 of these ballots had no corresponding application, raising questions about the legitimacy of these votes. Similar discrepancies were found across multiple absentee voter boards (AV boards), with some ballots counted showing no matching applications or records in the permanent voter list​.

Speckin recommended further examination of the scanning and tabulation processes from the 2020 election, highlighting the need for a complete analysis of computer data to identify potential duplicate scans and other irregularities. His report also suggested that the discrepancies could indicate the introduction of additional ballots, as discussed in various affidavits and evidenced by videos​.

Legal Basis and Relief Sought

Della Rocca’s complaint is brought under 42 U.S.C. §§ 1983 and 1988, which allow individuals to seek redress for violations of constitutional rights under color of state law. The plaintiff asserts that Maryland’s mail-in voting procedures, as currently administered, violate his rights and those of other voters under the U.S. Constitution.

The lawsuit seeks a declaratory judgment that the current mail-in voting system in Maryland is unconstitutional. Additionally, it requests injunctive relief to prevent the state from continuing to allow universal mail-in voting without addressing the alleged issues. The plaintiff argues that such measures are necessary to protect the integrity of the upcoming 2024 election.

Implications and Next Steps

The lawsuit reflects ongoing debates over the use of mail-in voting in the United States, particularly in the wake of the 2020 election. While some states have expanded access to mail-in voting as a measure to increase voter participation, others have raised concerns about the potential for fraud and the ability of the USPS to handle the increased volume of ballots.

As the case proceeds, it has been assigned to United States Magistrate Judge Charles D. Austin. Per the order issued on August 23, 2024, all parties are required to file a consent or declination to proceed before the Magistrate Judge before any dispositive motions can be filed. The court has ordered that the time to file any such motions is tolled until consent is obtained from all parties or the case is reassigned to a District Judge​.

The outcome of this lawsuit could have significant implications for how mail-in voting is conducted in Maryland and potentially other states. The court’s decision will likely be closely watched by both supporters and critics of mail-in voting. The case remains pending, with no specific court date set as of the time of this article’s publication.

Story by Ken Buckler, President of Radio Free Hub City.