Nov 5, 2024 By Mike Jones 5 min read

Washington County officials have changed their plans for where 20 armed security guards will be stationed at precincts across the county during today’s election after an attempt to have them serve as deputy constables sitting inside polling locations was rejected by the courts Monday.

The county hired RiP Security of Fallowfield Township last week to have its contractors help bolster the ranks of constables protecting precincts, but that plan hit a snag since state law has a specific and lengthy process to go about in deputizing someone to serve in a temporary role.

Instead of being seated inside the polling place, the 20 armed guards with RiP will be spread out at various precincts across the county and will most likely spend the day in their personal cars in the parking lots at least 100 feet away from the door to the polling place. Another 20 Washington County sheriff’s deputies will also be in their department’s cars in various precinct parking lots since state law does not permit law enforcement to be within 100 feet of the polling place on Election Day. Both will be in the vicinity to immediately assist in an emergency, according to Washington County Commission Chairman Nick Sherman.

“They will not be in the polling places,” Sherman said about the security contractors and sheriff’s deputies. “They will be outside of the polling places in the event of an emergency. They will be following all statutes – 100 feet from the door – and only in the event of an emergency will they provide security for the polling place.”

Only elected constables and those they deputize for the position are permitted to be seated inside a polling place, according to state elections laws. However, there aren’t enough constables in the county to cover all polling locations, prompting officials to hire the security contractor to help.

Sherman met with Sheriff Tony Andronas and other county officials Monday to discuss security procedures for the election after an attempt to deputize the RiP contractors hit a roadblock in court.

Earlier Monday, county solicitor Gary Sweat appeared before President Judge Gary Gilman in Washington County Court of Common Pleas asking him to sign off on a court order approving the contractors to serve as deputy constables or persuade the sheriff’s office to let them serve as the department’s deputies for the election. Both options were immediately met with blowback.

Attorney Chris Blackwell, who serves as solicitor for the sheriff’s office, said there was no way the department would acquiesce to having private security contractors become temporary deputies.

“We are not in favor of deputizing anyone on such short notice. These individuals have not been vetted,” Blackwell told Gilman and Sweat. “I don’t think the county can force us to deputize anyone.”

Moments later, Andronas and Chief Deputy Sheriff Tony Mosco walked into the courtroom and took a seat near Blackwell as he continued to argue the department’s position.

“We will have deputies on duty,” Blackwell said. “If there is a problem, we’re prepared to respond.”

With that option dead, Sweat turned his attention to asking Gilman to approve the security contractors to instead serve as deputy constables. But it immediately became clear that route also was not feasible.

“I really believe the way I read the statute, I cannot appoint a deputy sheriff,” Gilman said.

“I agree,” Sweat interrupted.

“Or a deputy constable,” Gilman continued.

State law requires a deputy constable to be appointed by the elected constable in the municipality or ward where they’ll be working, with final approval from the courts. In addition, they typically undergo a background check by the district attorney’s office before being approved, which would be impossible within Monday’s tight timeline.

“The DA has standing to vet them,” Gilman said of constables and deputy constables. “The DA is the highest law enforcement official in the county. That person needs to be sure those individuals are suitable and know the law.”

“Your honor, I’m just looking for security (at the polls),” Sweat responded.

Gilman appeared to sympathize with Sweat’s situation, but said he had to follow the law.

“I’m happy to approve the list of candidates the constables approve of … but the DA has standing,” Gilman said.

With that, Sweat turned to Blackwell and shook his hand while saying “you’re off the hook” about the option involving the sheriff’s office as he indicated the county would decide whether to speak to District Attorney Jason Walsh about performing background checks on the security contractors.

“I’ll be here all day,” Gilman told Sweat about returning later in the day to try again.

Reached for comment Monday morning, Walsh said he was unaware of the situation and was never contacted by anyone from the county.

Shortly before noon, Sweat returned to Gilman’s courtroom and withdrew the emergency petition asking for a court order approving the deputy constables. As Sweat was withdrawing the petition, Sherman and Andronas were meeting with other county officials to discuss security, and they felt like they had formulated a plan to keep the polls safe on Election Day.

“There will be private (security guards) in the parking lot in the event of an emergency in an overabundance of caution so people can feel safe and secure when they’re going to the polling places,” Sherman said.

The county is paying $67.50 per hour per security guard for their work today, which is expected to last at least 13 hours. The polls are open from 7 a.m. to 8 p.m. today, and mail-in ballots must be returned to the county’s elections office no later than 8 p.m. for them to be counted.