SAFE HOUSE?

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Rep. Nick Miccarelli is allowed back in the Capitol

even though a fellow lawmaker says he threatened
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to kill her. How is this going to work?

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Pa. is one of 21 states targeted by Lt. Gov. Mike Stack is hauled into Nearly 34 million Americans have no
hackers in 2016, and the pressure is court over confusion about where, access to broadband internet. This is
on county officials to protect the in- exactly, he hangs his hat. PAGE 4 where they live, and why the issue is so
tegrity of the voting process. Are they important to Gov. Tom Wolf. PAGE 12
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 CONTENTS M A R C H 2 7, 2 0 1 8

10
South Carolina native David Osborne,
who worked for a Florida congressman,
is president and general counsel of
The Fairness Center, a Harrisburg
public-interest law firm.

BLAINE T. SHAHAN FOR THE CAUCUS

INSIDE THIS ISSUE CLARIFICATION

The $432 rate for a hotel room for Pennsylvania
4 STACK: TRUST ME!
I’M FROM PHILLY!
Lieutenant governor is hauled into
12 DISCONNECTED
Nearly 34 million Americans have
no access to broadband internet.
Supreme Court Justice Debra McCloskey Todd,
reported on Page 6 of The Caucus on March 13,
included the cost of three meals a day and taxes,
court over confusion about where, This is where they live. a spokeswoman for the courts system said.
exactly, he hangs his hat.

6 SAFE HOUSE? 13 READY FOR

Rep. Tarah Toohil has a protection order
against fellow state Rep. Nick Micca-
relli, whom she alleges tried to kill her.
They’re both due back in the Capitol for
session. How is this going to work?
THE RUSSIANS?
Pennsylvania is one of 21 states
targeted by hackers in 2016, and the
pressure is now on county officials
to protect the integrity of the voting
process.
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10 DISHARMONIOUS UNION
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 OVERHEARD ON 3RD

The Lieutentant Governor’s

mansion, located on Fort
Indiantown Gap.

STACK: TRUST ME!

FILE PHOTO

I’M FROM PHILLY!

Lieutenant governor is hauled into court over confusion about
where, exactly, he hangs his hat

L
» » MIKE WERESCHAGIN + PAULA KNUDSEN

ast week Lt. Gov. Mike Stack appeared in Commonwealth Hannah Leavitt was filed by a group of DEAD AIR
Democratic voters. Nina Ahmad, the
Court to defend himself against a challenge to his home only other Philadelphian on the bal- The “dog ate my homework” excuse
residence on election filings. In his paperwork filed with lot, supported and helped fund the isn’t working for veteran good-govern-
the state, Stack declared Philadelphia as his home even challenge, The Philadelphia Inquirer ment activist Eric Epstein and Rock the
reported. Capital when it comes to a three-year
though he no longer owns a house there. confusion over where the Stacks actu- Ahmad stands to benefit in the state’s delay by the Pennsylvania Higher Edu-
Last year The Caucus revealed Stack ally lived. On the real estate tax transfer largest Democratic city among voters cation Assistance Agency in livestream-
and his wife owned a beige, single-story form for the Wayside Road property, the looking to support a Philadelphia can- ing board meetings.
house on Wayside Road in Philadel- buyers’ address is neatly typed while the didate. Ahmad is one of five Democratic Fed up with the inaction, Epstein and
phia from 2003 until 2016. Located a Stacks’ was handwritten in — and listed challengers to Stack, who is seeking a a Rock the Capital colleague broadcast
few blocks from Mike Stack’s mother’s the Wayside Road property they’d just second four-year term. PHEAA’s board meeting using Facebook
house, the neighborhood in Philadel- sold as their address. Indiantown Gap, a training area Live last week.
phia’s northeastern-most corner is one State voting records show Stack for the National Guard, is likely to be But he was incredulous that he even
of manicured lawns surrounding large voted in person at his polling place in unknown to most Philadelphians. Those had to.
and modest homes. the 2016 primary, which occurred about who have heard of it might consider it “Given the size and sophistication
In February 2016, a little more than two months after he sold his home. By part of “Pennsyltucky.” of PHEAA, and the fact most munici-
a year after taking office and a state- the time the general election rolled The case may be decided by the time palities and school (districts) broadcast
provided residence at Fort Indiantown around. Stack had changed his regis- you read this. The remedy could range meetings, PHEAA is out of ‘my dog ate
Gap, the Stacks subdivided their prop- tered address to his mother’s house on from Stack being knocked off the ballot the homework’ excuses,” Epstein told
erty into two lots, both of which sold Southampton Road, according to state to allowing him to amend his residence. The Caucus.
within a month, city records show. The records. There are four other Democratic PHEAA was servicing $410 billion
parcel with the Stacks’ former House Those same records list Stack’s mail- candidates: Craig Lehman of Lancaster in assets as of December 2017, agency
sold for $270,000 and the empty lot for ing address as the lieutenant governor’s County; Montgomery County’s Ray- spokesman Keith New said. It is one of
$100,000. The Stacks paid $330,000 for residence at Fort Indiantown Gap. mond Sosa; Kathleen Cozzone, of Ches- the largest third-party loan servicers in
the property in 2003. The residency challenge before ter County; and Braddock Mayor John the country and one of the four primary
At the time, there seemed to be some Commonwealth President Judge Mary Fetterman. servicers for the nation’s federally

4 T H E C A U C U S Tuesday, March 27, 2018


owned student loan portfolio.
Epstein initially requested that
PHEAA livestream board meetings
three years ago. But he was met with de-
lay tactics that he says are unacceptable.
So he took matters into his own hands.
Rock the Capital has advised PHEAA
that it intends to film board meetings
on April 19, May 24 and June 21, but
Epstein added the group plans to attend
as “long as necessary.”
“PHEAA’s unwillingness to
livestream a meeting convened in down-
town Harrisburg at 10 o’clock on Thurs-
day mornings does not cement PHEAA’s
standing as an institution committed to
openness and transparency,” Epstein
said.
PHEAA’s Keith New brushed off
Epstein’s concerns, “PHEAA Board
meetings are open to the public and the
minutes of those meetings are available
for review on our website.”
“Eric Epstein, as a member of the
public, has asked PHEAA to take the fur-
ther step of investing its resources into
developing or purchasing a platform to
live steam Board meetings.”
“PHEAA operates in an intensely
competitive environment, providing
services for national financial institu-
tions, the U.S. Department of Educa-
tion, and several state-based student
aid agencies. PHEAA is required to
maintain compliance with federal, state
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and various contract laws, in addition
to program rules, FSA (Federal Student
Aid) guidance and CFPB oversight — all
of which subjects the agency to multiple
security audits that are tied to our abil-
ity to generate earnings to fund tens of
millions of dollars in grant awards for
Pennsylvania students annually…so for
us, avoiding a possible audit excerption
is an ever present concern.”
OBJECTION
PHEAA’s board adjourned into
executive session for “contractual and
personnel matters” — a move Caucus
reporter Paula Knudsen objected to
under the state’s Sunshine Act, the open
meetings law that allows limited justifi-
cations for excluding the public.
A PHEAA official responded to the
objection by saying that there were
“many matters here that are confiden-
tial as a matter of federal law.”
In advance of the board meeting, The
Caucus reviewed six months of PHEAA
meeting minutes and found the agency
used executive sessions numerous times
for various reasons, including vague
descriptions such as “compliance” or
“legal.”
Melissa Melewsky, media law coun-
sel for the Pennsylvania NewsMedia
Association, said the announcement
before adjourning into executive session
“
gives the public the only meaningful
opportunity to understand what will be
discussed behind closed doors.
“There is no ‘contractual’ exception
to the Sunshine Act,” she said.
There also is no “compliance” excep-
The public must be tion to the Sunshine Act, Melewsky said.
“As a more general matter, if the
able to understand agency is announcing things like ‘com-
pliance’ or other generic terms as the
why they are being only justification for executive session,
they are not complying with the Sun-
excluded so they shine Act,” she said. “The public must be
able to understand why they are being
can determine if excluded so they can determine if the
exclusion is legal, and they can’t do that
when agencies provide vague, meaning-
the exclusion is less justification.”
Agency spokesman New said incom-
legal, and they ing PHEAA board members are briefed
on compliance with both the Right to
can’t do that when Know Law and Sunshine Act.
“This is often redundant since
agencies provide many of our board members are also
members of the General Assembly or
vague, meaningless are other government officials who
are familiar with these laws and have
justification. received additional awareness as legis-
lators and cabinet officials,” New said.
MELISSA MELEWSKY
MEDIA LAW COUNSEL FOR
“Regardless, board members are re-
THE PENNSYLVANIA NEWSMEDIA minded about what compliance means
ASSOCIATION for the agency and for them as board
members. And of course, any official
action taken by the board is done so in
public session.”
T
Tuesday, March 27, 2018 THE CAUCUS 5
 COVER STORY

THE ACCUSER

AND
THE ACCUSED
Rep. Tarah Toohil has a protection order against fellow state Rep. Nick Miccarelli,
whom she alleges tried to kill her. They’re both due back in the Capitol for session.
How is this going to work?

W
» » PAULA KNUDSEN + BRAD BUMSTED

hen the House of Representatives returns to ses-
sion in less than two weeks, Rep. Tarah Toohil will
take her assigned place — seat No. 32 — to the right
of the speaker’s rostrum.
Also sitting on the floor of the cham- sessions with other House members?
ber could be the man she has accused — Will they be able to carry out their
of assaulting and stalking her, the man duties as set forth in their oaths of of-
who has been directed by a judge to have fice?
no contact with the Luzerne County — Can they work in the confines of
Republican outside of his duties as a the same, insular bubble that is Harris-
legislator: Rep. Nicholas Miccarelli III. burg without crossing paths?
Many fellow legislators, abuse ex- No one knows for sure, because the
perts and lobbyists are asking: scenario playing out in the Capitol is
— Will the interaction between the unprecedented. And state officials will
legislators play out smoothly? not speak on the record about how they
— How will the two Republicans be plan to ensure Toohil is protected from
able to participate in closed-door caucus the man she has accused of threaten-
ing to kill her — a threat Miccarelli has
vigorously denied.
“This is about as strange as it gets in a
political institution, in the same cau-
cus,” said Christopher Borick, a political
science professor at Muhlenberg Col-
lege in Allentown.
Veteran political observers say they
are unaware of any other instance in
which one lawmaker served while under
a protection order filed by another
member of the Legislature since such
orders became law in 1976.
WHAT’S IN THE ORDER
The court order, entered after a ne-
gotiated agreement in Luzerne County
between lawyers for Toohil and Micca-
relli earlier this month, prohibits Mic-
carelli from having contact with Toohil,
except “as may be required in their
official duties.”
The order does not establish a spe-
cific distance Miccarelli must remain
from Toohil — an omission that makes
the working relationship between the
two lawmakers nebulous.
Many restraining orders establish
specific limits or boundaries for a rea-
son, experts say.
When contact is permitted under
certain circumstances, “Perpetra-
tors will often take that allowance and
stretch the limits to continue to harass
victims,” said Rhonda Hendrickson,
vice president of programs at the YWCA
Greater Harrisburg.

6 T H E C A U C U S Tuesday, March 27, 2018

 COVER STORY

Hendrickson, who has worked with
victims of domestic violence since 2006,
said it is not uncommon for an accuser
and the accused to be from the same
workplace. But when it comes to pro-
tection orders, the lack of parameters
around physical space between the two
can create problems.
“The victim has to constantly keep
protecting herself,” Hendrickson said.
“It’s retraumatizing. It leaves victims al-
courts for three types of civil protection
orders, said Karen Galbraith, training
projects coordinator at the Pennsylva-
nia Coalition Against Rape.
Protection-from-abuse orders are
available to current or former intimate
partners, such as people in a dating rela-
tionship, or family members, Galbraith
said. The other two civil protection
orders — sexual-violence protection or-
ders and protection-from-intimidation

What the
ways looking over their shoulder. Think orders — are relatively new.
about someone who would drive by your If a judge believes enough evidence

home, and it’s a public street. What can
you do?”
WILL MICCARELLI SHOW?
Miccarelli announced last week
that he will not seek a sixth term in the
House, and his attendance at Appropria-
tions Committee hearings this year has
been spotty, at best.
So it remains unclear whether the
Delaware County Republican will take
his seat 10 desks from Toohil’s, less than
50 feet away with a direct view of her.
House Republicans have called for
his resignation, and continue to do so,
but at least one top staffer suggested
Miccarelli might show up in Harrisburg
as a point of pride.
“The whole thing is fraught with
peril,” said David Taylor, president and
CEO of the Pennsylvania Manufacturers
Association. “The situation is unprec-
edented. It is untenable. Continuing to
serve in the same legislative body and
caucus is very, very problematic.”
exists to enter a final protection or-
der, the court can order there be “no
contact” between the plaintiff and the
defendant, or instruct defendant not to
visit the plaintiff’s home, workplace or
church.
“You can really tailor it to the needs
of the victim,” said Rep. Anita Astorino
Kulik of Allegheny County, who prac-
ticed family law, including protection-
from-abuse cases, for about 15 years.
When defendants are subjected to
protection orders, they are expected to
take steps to avoid confrontations with
their accusers, according to the Penn-
sylvania Coalition Against Domestic
Violence.
Those measures include avoiding
places where the protected person
frequents; leaving a building, restaurant,
store or other place if the protected
person is there; and refraining from
sending letters, emails, faxes or gifts to
the protected person.
COMPLICATED SPACES
PFA states
A PROTECTION ORDER SOUGHT BY REP. TARAH
Toohil against Rep. Nick Miccarelli, whom she had
dated, was approved by a judge two weeks ago in
Wilkes-Barre.
The order:
»»Extends a temporary protection order to three years
against Miccarelli for alleged physical abuse.
»»Contains no admission of wrongdoing by Miccarelli.
»»Requires Miccarelli to relinquish his firearms to law
enforcement, except when he serves in the National
Guard.
»»Allows Miccarelli to return to the Capitol, including
the House floor and committee meetings.
»»Bans Miccarelli from contacting Toohil, except “as
may be required in their official duties.”
»»Prohibits Miccarelli from going to her home near
Wilkes-Barre.

PUBLIC HEALTH PROBLEM The terms of the protection order

Tens of thousands of Pennsylvanians
seek protection-from-abuse orders
every year, according to the Administra-
tive Office of Pennsylvania Courts. In
2016, the latest year for which there are
data, 39,056 orders were filed.
“Sexual violence, stalking, and inti-
mate partner violence continue to be
public health problems affecting mil-
lions of Americans each year,” wrote the
authors of a 2017 report for the Centers
for Disease Control and Prevention.
The standard for obtaining a pro-
tection order is “preponderance of
the evidence,” meaning which way the
weight of the evidence falls. It is a much
lower standard than “beyond a reason-
able doubt” used to determine guilt in a
criminal trial.
Over the past five years, one in every
five restraining orders resulted in a
stipulation or agreement between the
accuser and the accused, as was the case
with Toohil and Miccarelli.
The three-year protection order
signed by a judge in Wilkes-Barre earlier
this month was negotiated by lawyers
for the lawmakers in closed-door talks
prior to a public court session. The order
was entered into without Miccarelli
admitting to any wrongdoing.
It allows Miccarelli to work in the
Capitol, where both he and Toohil have
offices, but requires him to no longer
have firearms in his possession except
during National Guard duty.
In Pennsylvania, victims of domes-
tic or sexual violence can apply to the
against Miccarelli — terms that were
agreed to by Toohil and her attorney
— allow him to return to work in the
Capitol.
Jarrett Ferentino, the Luzerne
County lawyer who represented Toohil
at the protection-from-abuse hearing
in Wilkes-Barre two weeks ago, said he
worked with his client to craft language
they believed was manageable and could
protect her.
“If at any time there’s a deviation
and the conduct becomes unlawful or
concerning, Ms. Toohil has the ability
to raise it,” Ferentino said. “The matter
will be reviewed and addressed.”
Troy Thompson, press secretary for
the Department of General Services, the
state agency that oversees security at
the Capitol building, said he could not
provide details about security measures
that have been put in place to protect
Toohil.
“At the request of the House Repub-
lican leadership, we did institute some
additional security measures on top of
the already rigid measures we have in
place,” Thompson said. “The measures
were in place prior to the filing of the
PFA. As any law-enforcement agency
would do if the terms and conditions of
the PFA are violated, Capitol Police will
take the appropriate action.”
The two lawmakers have offices in
separate parts of the Capitol complex.
Miccarelli’s is located in the Irvis Office
Building; Toohil’s is now located in the
Main Capitol Building after having been
Cont., page 8

Tuesday, March 27, 2018 THE CAUCUS 7


The Miccarelli investigation
REP. TARAH TOOHIL AND A POLITICAL
consultant filed a complaint against Rep.
Nick Miccarelli with state House lawyers in
February.
The political consultant alleges Mic-
carelli sexually assaulted her after they
stopped dating in 2014. Toohil alleges he
hit, kicked, pinched, and threatened her
with a gun when they were in a relation-
ship in 2012.
Toohil referred to “terrible moments that
were non-consensual.”
Both women said they were motivated
to come forward after reading a Facebook
Continued from page 7
moved several times in recent years.
Her office had been in the Irvis Office
Building in 2011, just down the hall from
Miccarelli’s, before being moved to the East
Wing in 2012. Her office has been in its cur-
rent location since 2015.
Beyond their shared membership in
the House Republican Caucus, Toohil and
Miccarelli both are members of the Human
Services Committee chaired by Rep. Gene
DiGirolamo.
The committee meets next on April 18.
DiGirolamo told The Caucus: “I expect
all members of the Committee to act in an
appropriate manner as they always have. I
do not expect the need for any special treat-
ment beyond what has already taken place.”
Toohil’s lawyer, Terry Mutchler, said
Toohil told her she had discussions with
House officials about how to proceed under
the PFA and whether she should move to
another committee.
Toohil told The Caucus she wants only to
keep working for constituents and to “move
Pennsylvania forward.”
House investigators stated in their report
they found Toohil “credible” and a judge
granted her a protection order against Mic-
carelli in a court of law.
“These are among the many reasons Mic-
carelli must step down,” Mutchler said. “I
think the fact he will be in close proximity to
her is dangerous.”
House Republican spokesman Stephen
Miskin reiterated that GOP “leadership has
asked him to step down.”
Said Toohil: “The House has a right to ex-
pel a member who continues to ignore a call
to step down from both the House leader-
ship and the governor.”
Requests by The Caucus through his
spokesman to interview Miccarelli last week
have not been granted.
Frank Keel, a spokesman for Miccarelli,
said the lawmaker looks forward to return-
ing to Harrisburg and restated his claim that
Toohil’s allegations as part of a “well-orches-
trated smear campaign.”
“Rep. Toohil did not file the PFA because
she feared Nick Miccarelli, she did it to ruin
his otherwise stellar reputation,” Keel said.
“… When Nick was allowed the oppor-
tunity to respond at the Luzerne County
hearing, Toohil suddenly changed her tune
and agreed that Nick did not have to be re-
stricted in any manner while doing his work
at the Capitol. She agreed they could coexist
without incident. …
8 T H E C A U C U S Tuesday, March 27, 2018
COVER STORY
post by Miccarelli appearing to be sympa-
thetic to the #metoo movement sweeping
the nation.
Miccarelli has denied the allegations;
last week, he announced he would not seek
re-election.
Miccarelli, 35, a Republican from
Delaware County, said he made the deci-
sion “after much personal reflection and
consultation” with family and legislative
colleagues, but said it should not be read
as an admission of wrongdoing.
“My decision not to seek re-election
should in no way be misconstrued by the
“If Rep. Toohil can coexist with Nick, so
can all other house members once the ses-
sion reconvenes. Nick looks forward to being
there and doing the work of the people.”
MEETING IN PUBLIC
Things get a little more complicated
outside of the Capitol building. If Micca-
relli and Toohil both show up to the same
event — a fundraiser, for example — and
Miccarelli tried to stay out of her way,
there would likely be no violation of the
protection order, Northampton District
Attorney John Morganelli said.
If Miccarelli walks into a bar or restau-
rant in Harrisburg and notices Toohil there,
he “should turn around and go down the
street,” the longtime prosecutor and con-
gressional candidate said. If Miccarelli were
to sit down where Toohil could see him, “all
she has to do is make a phone call and say,
‘He’s following me and I feel threatened,’”
Morganelli added.
Police could arrest him on the spot, take
him into custody, or file a petition for con-
tempt of court — a move that could land the
lawmaker in jail, Morganelli said.
Dauphin County District Attorney Fran
Chardo said that if an incidents between the
two legislators occurs in downtown Harris-
burg, it will be enforced just like any other
protection-from-abuse case.
“Any police department that got a call
would have to assess the situation based on
the wording of the order and the circum-
stances,” Chardo said. “This is true in any
PFA situation, not just this one.”
AWKWARD, TO SAY THE LEAST
Steve Turner, a retired state lawyer who
has handled protection-from-abuse orders,
said interpreting the judge’s language in
the Miccarelli case could be “quite compli-
cated.”
What if he crosses paths with Toohil
during normal transit through the Capitol
building and complex? During committee
and subcommittee assignments and hear-
ings? During House Republican Caucus
meetings and proceedings on the floor?
“The spatial relationships to preserve
her safety will take some in-depth analysis,”
Turner said.
Carol Tracey of the Women’s Law Proj-
ect, a women’s rights attorney for 40 years,
agreed that enforcing the protection order
will be difficult.
public or misrepresented by the media as
any admission of wrongdoing on my part,”
Miccarelli said in a statement. “I intend to
continue to work to clear my good name
and reputation and put this current contro-
versial situation behind me, once and for
all.”
House Republicans leaders have called
on him to resign and the House attorneys
who conducted an investigation stated in a
report they consider the women “credible.”
A criminal investigation is underway
by the Dauphin County District Attorney’s
office.
“Just because it’s awkward doesn’t mean
people don’t have to figure out a solution to
it,” Tracey said.
Questions that will need answered
include whether there is a “business-like
reason for [Miccarelli] to be standing in
front of her desk on the floor.”
There probably is no legitimate reason,
Tracey said.
“He’s got to take this very seriously if
he’s going to stay in the Legislature,” Tracey
said.
BEYOND PA’S BORDERS
There’s no other case of a Pennsylvania
state lawmaker obtaining a protection order
against another legislator. But in Maine,
two legislators were involved in a similar
situation.
Rep. Erin Herbig, a first-term Democrat,
secured a protection-from-abuse order in
2012 against fellow Democratic Rep. Alex-
ander Cornell du Houx, according to the
Bangor Daily News.
The restraining order was lifted after
lawyers for the two negotiated an agree-
ment that stipulated Cornell du Houx
would stay out of the city of Belfast, where
the female legislator lived, for 10 years. He
was also directed to alert the Maine Capitol
Police 48 hours before he intended to travel
to the state Capitol for any business there.
Cornell du Houx was called to active
duty with the Navy and did not seek re-
election in 2012, the newspaper reported.
Herbig is now majority leader of the Maine
state House.
“Being a member of the Legislature does
not protect you,” said Samantha Corbin,
executive director of the California-based
organization We Said Enough.
The organization, created last year,
works to eliminate pervasive harassment,
discrimination and assault in professional
and academic settings.
Corbin said the group has heard about
egregious conduct — sexual and domestic
violence — in multiple states. Some female
legislators have spoken out but they have
been too afraid to publicly name the perpe-
trators, Corbin said.
Women legislators and staff fear for job
repercussions or “outright threats,” she
said.
Morganelli, the longtime Northampton
district attorney, said the notion of one leg-
islator having a protection order against an-
other “sounds crazy, but it is Pennsylvania.”
 CAPITOL DISPATCHES

THE WEEK FUNDRAISERS

AHEAD A roundup of receptions and other
events to benefit re-election campaigns
Events around the Capitol this week 8 A.M., MARCH 27 11 A.M., APRIL 8 5 : 3 0 P. M . , A P R I L 1 0
RECEPTION FOR SEN. RECEPTION FOR RECEPTION FOR
WAYNE FONTANA REP. SID MICHAELS REP. MARK KELLER
8 A.M., MARCH 27
Harrisburg Hilton KAVULICH
KNOW YOUR MAPS Rubicon
Harrisburg
East Wing Rotunda Colarusso’s La Palazzo Harrisburg
Fair Districts PA, which is advocating for an impartial, independent citizens $500 to $2,000
Moosic
$300 to $1,000
commission to direct the redistricting process in Pennsylvania, operates a display $50 to $500
of legislative and congressional district maps and hands out material through 3 8 A.M., MARCH 27
p.m.. RECEPTION FOR 5 : 3 0 P. M . , A P R I L 1 6
SEN. RANDY VULAKOVICH 11:30 A.M., APRIL 9
RECEPTION FOR
10:30 A.M., MARCH 27 Harrisburg Hilton RECEPTION FOR
Harrisburg REP. MIKE HANNA REP. PERRY WARREN
WOMEN IN LEADERSHIP
Capitol Rotunda $500 to $1,000 Firehouse Restaurant MCGRATH’S PUB
A news conference is held to advocate for the passage of Senate Resolution Harrisburg Harrisburg
255 from Sen. Judith L. Schwank and Jay Costa. The legislation would encourag- 8 A.M., MARCH 27 $500 to $2,500
ing corporate boards in Pennsylvania to to increase the number of women serv- RECEPTION FOR
ing as directors and corporate management. “Equitable gender representation in 8 A.M., APRIL 17
SEN. JOHN SABATINA
corporate leadership has been demonstrated to be vital for regional and global 5 : 3 0 P. M . , A P R I L 9 RECEPTION FOR SENATE
Harrisburg Hilton
competitiveness,” the lawmakers wrote in a co-sponsorship memo. “Studies show HOUSE REPUBLICAN DEMOCRATIC CAMPAIGN
Harrisburg
that more diverse boards produce better financial success and fewer governance CAMPAIGN COMMITTEE’S
$500 to $2,500 COMMITTEE
issues, and outperform those with no or limited female leaders.” WOMEN OF THE HOUSE Harrisburg Hilton
1 2 P. M . , M A R C H 2 7 RECEPTION
11:30 A.M., MARCH 27 Harrisburg
RECEPTION FOR Civic Club of Harrisburg
PAROLE ELIGIBILITY FOR LIFE SENTENCES $500 to $5,000
SEN. KIM WARD Harrisburg
Capitol Rotunda
A rally is held in support of S.B. 942 from Sen. Sharif Street, which would Rubicon $500 to $5,000
Harrisburg 11:30 A.M., APRIL 17
make it possible for those sentenced to life imprisonment to eventually have an
opportunity for parole in Pennsylvania. “This legislation, a companion bill to HB $500 to $2,500 LUNCHEON FOR
8 A.M., APRIL 10
135 introduced by State Representative Jason Dawkins, permits an individual RECEPTION FOR SEN. LISA BAKER
sentenced to life imprisonment under the laws of this Commonwealth to be 8 A.M., MARCH 28 Rubicon
REP. TONY DELUCA
considered for parole after spending at least 15 years in prison,” Street said. “It RECEPTION FOR
Harrisburg Hilton Harrisburg
also extends parole eligibility retroactively to those sentenced prior to the effec- SEN. ELDER VOGEL JR.
tive date of the legislation. The bill creates no right to parole, so it will not allow Harrisburg $500
Harrisburg Hilton
our most dangerous inmates to go free. The Commonwealth’s Board of Proba- Harrisburg $500
tion and Parole will continue to responsibly reject requests for parole from those $500 to $1,000 5 : 3 0 P. M . , A P R I L 1 7
who do not deserve it, or who present too great a safety risk to the public.”
8 A.M., APRIL 10 RECEPTION FOR
5 : 3 0 P. M . , A P R I L 4 RECEPTION FOR SEN. GENE YAW
10 A.M., MARCH 29
HOUSE DEMOCRATIC REP. MARCY TOEPEL Level 2
LGBTQ HEALTH FAIR
CAMPAIGN COMMITTEE Stock’s on 2nd
East Wing Rotunda Harrisburg
Rubicon Harrisburg
A health fair is held to commemorate LGBT Health Awareness Week. $500
Harrisburg $300 to $1,000
$2,500 to $10,000
11 A.M., MARCH 29
PROBLEMS WITH AN ARTICLE V CONVENTION 7:30 A.M., APRIL 18
5 : 3 0 P. M . , A P R I L 1 0
Capitol Rotunda 5 : 3 0 P. M . , A P R I L 5 RECEPTION FOR
RECEPTION FOR
Pennsylvania citizens, members of the Camp Constitution group and two RECEPTION FOR
REP. PAM SNYDER REP. BECKY CORBIN
elected officials hold a news conference to outline what they believe are the dan- REP. ALEX CHARLTON
Springfield Country Club McGrath’s Pub Stock’s on Second
gers of holding an Article V convention, a special session in which amendments
to the U.S. Constitution are proposed. An Article V convention would occur only Springfield Harrisburg Harrisburg
when two-thirds of state legislatures agree to it. $250 to $1,000 $500 to $1,000 $300 to $500

Here’s a look at the schedule of committee
hearings in the House and Senate this week.
9 A.M., MARCH 27
SENATE STATE GOVERNMENT COMMITTEE
Hearing Room 1, North Office Building
Public hearing on redistricting legisla-
tion, including S.B. 22 from Sens. Lisa M.
Boscola and Mario M. Scavello, which
would amend the state constitution to
create a redistricting commission that is
comprised solely of independent citizens;
S.B. 243 from Sen. Daylin Leach, which
would create a redistricting commission
of four Democrats and four Republicans
appointed by caucus leaders and one
HEARINGS
registered independent who is appointed
by the other eight members; S.B. 464 from
Sen. John P. Blake, which would create
the nine-member Legislative Redistricting
Commission to draw both legislative and
congressional boundaries concurrently and
remove legislators from direct approval or
rejection of the plans; and S.B. 767 from
Sen. Jay Costa, which would create a five
member redistricting commission or two
Democrats, two Republicans and one inde-
pendent from the public.
10 A.M., MARCH 27 1 P. M . , M A R C H 2 8
HOUSE GAME & FISHERIES SENATE APPROPRIATIONS COMMITTEE
COMMITTEE Hearing Room 1, North Office Building
Room 60, East Wing Budget hearing with the Department of
Informational meeting on the Fish and Health & Human Services.
Boat Commission’s annual report.
10 A.M., MARCH 28
HOUSE GAME & FISHERIES
COMMITTEE
Room 60, East Wing
Informational meeting on the Pennsylva-
nia Game Commission’s annual report.

Tuesday, March 27, 2018 THE CAUCUS 9

 THE INTERVIEW

David Osborne gestures

during an interview with
The Caucus in Harrisburg.

BLAINE T. SHAHAN FOR THE CAUCUS

DISHARMONIOUS UNION
David Osborne and The Fairness Center are taking on
Gov. Tom Wolf and organized labor in Pennsylvania

T
» » PAULA KNUDSEN + BRAD BUMSTED

he Caucus sat down with David Osborne, president and incensed that a union might insert itself you mentioned, or is it a class action?
into their sort of unique relationship. OSBORNE: It’s not a class action, but
general counsel of The Fairness Center, a Harrisburg pub-
Dave, for his part, is the legal employer. this has effectively stalled the process
lic-interest law firm, during its move across the street from He is disabled, and the disabled and el- for everyone involved. So Don and Dave,
State Street to its new location on North Third Street. derly are the employers in this situation. part of what they wanted to accomplish
He would presumably lose some control in this was to stop it for everybody. They
Osborne, a South Carolina native Phoenixville — one gentleman who is over how he can direct his own employ- felt like there were many that were like
who worked for a Florida congressman quadriplegic. He suffers from muscular ee. It’s also sort of inappropriate that them. When the election went for-
and then attended law school at Florida dystrophy. He has employed for the the employee in this circumstance, Don, ward, this election happens the same
State University, has been at the helm last 26 years a good friend of his, and he should be unionized against Dave, the way that elections happen under the
of The Fairness Center since February had to do so once he quit his job in the disabled man. It’s a strange situation. Public Employee Relations Act. Same
2014. financial industry. Fortunately, there is a We filed a lawsuit against Governor way that elections are going to happen
state program called Act 150; this is not Wolf and the Department of Human in the Penn State matter. It’s a major-
THE CAUCUS: For our readers who Medicaid, but it is a state-funded pro- Services, and quickly found ourselves ity of those voting. That means if 100
don’t know about what you do here, tell gram that allows him to hire somebody in a preliminary injunction hearing in people show up, 51 people can vote for
them about The Fairness Center. to take care of his needs and to stay at front of Judge [Dan] Pellegrini. The the union and that union comes in and
OSBORNE: We protect those who home instead of being institutionalized. preliminary injunction hearing was becomes the exclusive representative
have been hurt by public-sector union These kind of people — sometimes they supposed to stop the election, but the for everyone, with home-care workers.
officials. Probably the best way to flesh provide some medical needs, but they election was actually happening the fol- We are talking 20,000 home-care work-
that out is to tell you about a couple of also do routine things like laundry, turn lowing day and Judge Pellegrini decided, ers who make on average about $20,000.
our cases. One of the cases the Supreme on the television, help them eat. Don is “We are going to let the election go for- Ultimately, at the vote, 13 percent of
Court is currently looking at. It’s a case the home-care worker. Don actually has ward.” But he did grant us an injunction that overall number showed up to vote.
involving an executive order that Gov- to come in and turn David over in his to prevent Governor Wolf and the union, Thirteen percent decided that a union
ernor Wolf issued back in 2015. Shortly bed at night so that he doesn’t develop who we were just learning about at the should be involved here.
after he took office, he issued an execu- bed sores. It’s a 24/7 job. time, from coming to any agreement on
tive order that, among other things, terms and conditions of employment. THE CAUCUS: You’ve just moved into
introduced a union to an industry that THE CAUCUS: How is your client Don So that’s been effectively stopped since new office space. How much has the
I call home-care workers. These kind impacted by what the governor did? May of 2015. center expanded?
of home-care workers are home-care OSBORNE: Don used to be a union Then we ended up winning at the OSBORNE: Since 2014, we have
workers who ultimately receive funds employee on a factory floor. What Don Commonwealth Court on the merits for litigated something like 10 to 12 public
through elderly and disabled people didn’t want is a union to come in and tell Don and Dave. cases. They are multiyear commitments,
who are on Medicaid or a state equiva- him how to do his job, in part because and we have done a very good for our cli-
lent. ... We represent a couple guys from it’s not one-size-fits-all. So Don was THE CAUCUS: Is it just the two clients ents. That’s required some level of staff-

10 T H E C A U C U S Tuesday, March 27, 2018


ing up, so we have hired a few lawyers.
We are up to three lawyers. We have a
paralegal. We have an administrative
assistant, and then Conner, who works
with our media and outreach.
THE CAUCUS: Going back to the home
health care, is it solely just a matter of
the person who is being cared for not
wanting to have the workers told what
to do and how to do it, or did it involve
hours of work or regulations that were a
function of the union?
OSBORNE: Remember when the
preliminary injunction stopped any
agreement to the terms and conditions
of employment, but the executive order
actually listed out a bunch of subjects on
which the governor was going to speak
with the union? Those included things
like hours, paid time off, vacations,
benefits — all the stuff that you gener-
ally think about when you think about
employment.
THE CAUCUS: To take the opposite
view, what if Don and Dave had a great
relationship, but there are people out
there who could benefit from more regu-
lation. What is your response to that?
OSBORNE: Part of the problem here
was that exclusive representation was
not going to limit the union handling
matters for just those people. Don and
Dave and many others like them who
oppose the unionization of the work-
force would have also been bound by the
terms and conditions that the governor
and the union arrived at.
THE CAUCUS: What other big cases do
you have going on right now? Don’t you
have one that’s pending a U.S. Supreme
Court decision?
OSBORNE: We do. We have a case
called Hartnett. We filed for a group of
four teachers. Greg Hartnett is the name
of the lead plaintiff on that case. Greg is
a teacher out in western Pennsylvania
who opposes the union’s taking forced
fees from him. Under Pennsylvania
law, they are called fair-share fees. And
Greg’s position is very simple. He felt
that if he didn’t support the union, he
shouldn’t have to pay for their represen-
tation. He has told a story about how in
their last round of contract negotiations,
he actually opposed higher pay because
in his community, higher pay is killing
the community. So he felt that raising
taxes on the people around him would
really hurt even his friends. He commu-
nicated that position to the union, who
disregarded his perspective.
THE CAUCUS: Compulsory fees in lieu
of union dues. Is it the full share of the
union dues or slightly less?
OSBORNE: It’s not. It’s slightly less.
Within the PSEA, he’s a non-member of
the PSEA represented by the PSEA; it’s
somewhere from two-thirds to three-
quarters of the overall dues amount.
THE CAUCUS: And that one is stayed
pending the U.S. Supreme Court?
OSBORNE: Right. There was a case
back in the 1970s called Abood vs. Detroit
Board of Education also involving teach-
ers. At that time, dues were almost always
the same amount as the compulsory fees.
These teachers challenged that. The U.S.
Supreme Court ended up holding that
fees, or forced fees in this context, were
allowed, even though they technically
were a violation of the First Amendment,
because ultimately the state had an inter-
est in labor peace and preventing free
THE INTERVIEW
riders from getting union representation
without having to pay for it.
Over the years, that has been ques-
tioned. It hasn’t worked in practice. And
so this case called Janus is in front of the
Supreme Court, ultimately asked the
Supreme Court to reconsider his deci-
sion from 1977. It was argued just a few
weeks ago.
THE CAUCUS: Looking at the flip side
of that, if I’m a union member in good
standing, and I pay my dues and I get
the benefits that come with that — the
health care and everything else — maybe
I’m saying to myself, “This guy over here
isn’t paying anything and he gets salary
increases as the rest of us, and he gets
great benefits.” Is that fair?
OSBORNE: The reaction from guys
like Greg Hartnett is, “I didn’t ask for
this representation to begin with. I have
been forced to accept the representation
and now I’m being forced to pay for it.
I’m not a free rider. I’m a forced rider.”
THE CAUCUS: You’ve been working at
The Fairness Center for four years now.
What do you think of the state of public-
sector unions in Pennsylvania?
OSBORNE: The best thing I can do is
just tell you more about our clients on
this. I think people should be free to join
the union. I think unions can do good
for some people. Our clients come to us
because for whatever reason, the union
has not worked for them.
THE CAUCUS: How do you get clients?
OSBORNE: We have a website. People
tend to call us or email us when they
start Googling. People who are in a situa-
tion like a strike. And there are strikes all
over Pennsylvania. Our state is the capi-
tal of America as far as teacher strikes go.
When there’s a strike in a particular
community, a lot of members are sort of
forced to reconsider their own position.
They may not agree with the union and
its decision to strike. So people start
Googling and they figure out that in
order to really exercise their rights dur-
ing a strike, they have to leave the union.
When they are a member of the union,
the union can technically impose union
discipline on them. We have gotten calls
about that too — for refusing to strike.
THE CAUCUS: Can you tell us a little
more about your background? Where
are you front originally?
OSBORNE: I grew up mostly in South
Carolina. I moved down to Florida
during high school. Florida has a great
deal with in-state tuitions. So I stayed
in Florida, went to the University of
Central Florida for my undergraduate
degree. After that I worked for a con-
gressman for couple years, a guy named
Rick Keller. He was a representative
from the central Florida area, repre-
sented up from Orlando to Ocala. After
two years working for that member of
Congress, I went to law school at the
Florida State University in Tallahassee.
After law school, I went to work for a
local trial court in Tallahassee. I did that
for a year, and then I worked for a justice
in the Florida Supreme Court, for a guy
named Justice Ricky Paulston. I worked
for him for two years. Then I went to a
boutique law practice in the Tallahassee
area. We did health-insurance litiga-
tion; often we were representing large
health-care systems. Then also did some
aftermarket automotive products.
THE CAUCUS: How did you get inter-
“
... He actually
opposed higher
pay because in his
community, higher
pay is killing the
community. So he
felt that raising
taxes on the people
around him would
really hurt even
his friends. He
communicated
that position to
the union, who
disregarded his
perspective.
DAVID OSBORNE,
PRESIDENT AND GENERAL COUNSEL
OF THE FAIRNESS CENTER
ested in the type of work that The Fair-
ness Center does?
OSBORNE: Part of it was I always
wanted to make a difference with my law
career, and unfortunately there was a
market here in Pennsylvania for people
who have been hurt by the public-sector
union officials.
THE CAUCUS: Do you think Pennsyl-
vania is one of the more fraught states
for public sector union issues, from your
clients’ perspective?
OSBORNE: Absolutely. Many of our cli-
ents feel very much alone. They feel like
they are the only ones who have been
hurt by public-sector union officials. A
lot of them contact us because they have
read a news article about an existing cli-
ent that happens to describe almost to a
T their situation.
THE CAUCUS: Other states that would
be somewhat comparable — Michigan,
New York? Are there others, or is Penn-
sylvania a stand-out on its own?
OSBORNE: Well, there’s a culture that
transcends the states. Certainly the
Northeast is probably New York, New
Jersey, Connecticut. I should tell you that
we have extended our operations into
Connecticut. We filed a case there earlier
this month for a union. There’s a local
firefighters union in Connecticut that has
wanted to leave their statewide union.
So many of these unions have multiple
layers to them. In Connecticut, with
these firefighters, they are a local of an
International Association of Firefighters.
They belong to the international and they
want to continue to belong to the Inter-
national, but there is a state union that
sort of inserted itself into that process.
The Uniformed Professional Fire Fight-
ers Association, and for years they paid
dues for certain purposes. Two years ago,
they actually voted to leave the statewide
union but the statewide union contin-
Tuesday, March 27, 2018
ues to harass them, and has even been
sending them collections bills. The local
union has said, “I don’t want to pay this
anymore.” They’ve threatened them with
a lawsuit, and instead of lying down and
taking it, they enlisted us to file a lawsuit
on their behalf.
THE CAUCUS: So are you national in
scope, or are you limited to Pennsylva-
nia?
OSBORNE: Technically we are a
national organization. Our board has de-
cided, at least for the last three and a half
years, that we are going to be focused in
Pennsylvania.
THE CAUCUS: Which says something,
right?
OSBORNE: Yes. They’ve permitted us
just recently to conduct our mission in
Connecticut as well.
THE CAUCUS: Are there any other
public interest law firms like The Fair-
ness Center around the country?
OSBORNE: The closest comparison is
probably the National Right to Work.
We worked with them on the Hartnett
case that I told you about, but they are of
course a national organization and they
are focused on hitting home runs. They
take cases to the U.S. Supreme Court
because they want to advance a particu-
lar strategy. We are here to represent
individual employees. Our goal is not
to take their case to the U.S. Supreme
Court. The case is to get them the relief
that they want.
THE CAUCUS: How are you paid?
Somebody reading this may wonder how
this organization get its money to be
able to pay the lawyers.
OSBORNE: We are a 501(c)3 organiza-
tion, so we are supported by individuals,
businesses and foundations, particularly
in Pennsylvania, but all over the country.
THE CAUCUS: Is there a close connec-
tion to the Commonwealth Foundation?
OSBORNE: The Commonwealth Foun-
dation started us. Charles Mitchell and
Matt Brouillette were part of the team
that started The Fairness Center. It was
because they saw the market that I have
described — people along the way who
have been hurt by public-sector union
officials. So I came up here to do that job.
THE CAUCUS: Is Florida a right-to-
work state?
OSBORNE: Florida is a right to work
state, yes.
THE CAUCUS: Is your state of birth,
South Carolina?
OSBORNE: Yes.
THE CAUCUS: Do you think that influ-
enced you in terms of where you wanted
to go with this, seeing how it works in
other states where it works pretty well
in Charleston or Tallahassee?
OSBORNE: Not exactly, but I will say it
helps to come to a state like Pennsylvania
with fresh eyes. There are many parts of
the government. There are many indi-
viduals who sort of conduct business as
usual, who are satisfied with the status
quo. There are unwritten rules in Penn-
sylvania about how to treat workers, and
when I come to it — I can’t read unwrit-
ten rules — it allows me to take a new
perspective. Sometimes they’ll file cases
where maybe a traditional Pennsylvania
lawyer would look at it and think the
chances would be too slim.
T H E C A U C U S 11
 DISCONNECTED
Nearly 34 million Americans have no access to broadband internet. This is where they live.
THE MAP
L
ast week,
Gov. Tom Wolf
announced his administration
was making up to $35 million in
financial incentives available to private
telecommunications companies that ex-
tend high-speed internet service to areas
that lack it.
The Democratic governor said his goal
was to make sure every Pennsylvanian
has access to broadband internet service.
Right now, nearly 804,000 residents of
the state do not have access to high-
speed internet, about 6 percent of the
population, according to the Federal
Communications Commission.
Two-thirds of those who lack service
live in rural Pennsylvania — parts of the
northern tier counties, for example, and
the Appalachians. Residents in sparsely
populated areas say it’s next to impos-
sible to stream TV shows, telecommute,
do videoconferencing or consistently
access their cloud-based email.
“High-Speed Internet access
is essential to growing our economy,
expanding educational opportunities for
our children, increasing access to mod-
ern health care, and improving the safety
of our communities,” Wolf said. “For
Pennsylvania to succeed we must close
the digital divide ensuring every citizen
and business has the access it needs to
connect to the ever-expanding digital
world in which we live and work.”
The Pennsylvania Broadband Incen-
tive Program is offering the financial
incentives to private providers bidding
on service areas within Pennsylvania in
the Federal Communications Commis-
sion’s upcoming Connect America Fund
Phase II Auction.
33,981,660
Americans who have no access to broadband internet, or “fixed advanced
telecommunications capability” — 10 percent of the U.S. population.
23,430,037
Those without access to broadband who live in rural
areas. That’s 39 percent of all rural Americans.
10,551,623
Those without access to broadband who live in
urban areas — only 4 percent of urban Americans.
SOURCE: FEDERAL COMMUNICATIONS COMMISSION; GRAPHIC BY ABBY RHOAD | FOR THE CAUCUS
803,645
Pennsylvanians who have no
access to broadband internet.
That’s about 6 percent of the
state’s population.
532,937
Number of those Pennsylvanians
who live in rural areas. That’s
about 20 percent of the
state’s rural population.
270,708
Number of those Pennsylvanians who live in
12 T H E C A U C U S Tuesday, March 27, 2018
urban areas. That’s about 3 percent of the
state’s urban population.
$35 million
The amount Gov. Tom Wolf’s administration
says it’s making available to encourage com-
panies to extend high-speed internet service
to areas in Pennsylvania that lack it.
2022
The year Wolf has set to expand high-speed inter-
net service to every area of Pennsylvania.

READY FOR
THE RUSSIANS?
Pennsylvania is one of 21 states targeted by hackers in 2016, and the pressure
is now on county officials to protect the integrity of the voting process
T
» » MATT VASILOGAMBROS
he weakest link in any local voting system is
that one county clerk who’s been on the job
for three days and opens up an email file that
could take down the whole system.
The head of every U.S. intelligence
agency says Russia attempted to pen-
etrate elections systems nationwide
during the 2016 presidential election,
and will try again during this year’s
midterm elections.
In a decentralized election system
with more than 10,000 separate ju-
risdictions, the onus for security is on
local officials.
“That keeps me awake at night,”
said Nancy Blankenship, the clerk for
Deschutes County, Oregon.
Blankenship, like thousands of
other county clerks, is the chief elec-
tions official for her area. It’s not so
much the threat of foreign hackers
changing votes that concerns Blan-
kenship — Oregon is not only a vote-
by-mail state, but also does its ballot
counting without an internet connec-
tion — it’s the possibility that hacking
could undermine public confidence in
the system.
There are three major local cyber-
security threats during elections, said
Maurice Turner, a senior technologist
at the nonprofit Center for Democracy
and Technology in Washington, D.C.:
— Hackers could break into state-
wide, online voter registration data-
bases to either steal personal informa-
tion or change names, addresses or
party affiliation to create confusion
and discourage participation on Elec-
tion Day.
— Hackers could attack a county
website, taking it offline so that people
could not see results after polls close.
— Hackers could take over social
media accounts to broadcast false re-
sults from official sources, or announce
falsely that polls are closing earlier or
later than normal.
As election officials conduct pri-
maries and prepare for the midterms
in November, they must understand
and meet security challenges so voters
are confident in the election process,
Turner said.
“We know we have an adversary
that has a known interest and capabil-
ity to make that threat a reality.”
All it takes is one clerk clicking on a
link in one apparently legitimate email
for a hacker to penetrate a county or
SPECIAL REPORT
state system. So-called phishing at-
tempts — where hackers might gain
passwords, usernames or personal
information through unwitting of-
ficials — are becoming more and more
sophisticated, Turner said. It’s a race
between local information technology
departments and hackers.
“Most people respond to phishing
very well,” Turner said. “But there will
always be a small number of people
who will click on the links regardless
of their training. And once an intruder
breaks into the system, they may linger
for several days or months.”
LOCAL OFFICIALS RESPOND
Despite the threat, many local of-
ficials are confident in their ability to
keep a voting system safe from hackers.
Sara May-Silfee, the director of
elections for Monroe County, a com-
munity of 170,000 in eastern Penn-
sylvania, said she knows her county is
secure, even if her state was one of 21
states targeted by Russian hackers in
2016.
“I can’t even begin to tell you how
they’d hack us,” she said. “Nothing is
hooked up to anything. How could any-
body hack us? I’m not worried about
anything. Sometimes it seems like a lot
of hullabaloo.”
A potential breach by hackers has
never been brought up in Election Day
training for Monroe County, said Andi
McClanahan, who has served as a judge
of elections for her ward for the last six
years.
“The issue has never been spoken
about,” she said, “which now I’m think-
ing is problematic with the current
issues we are facing.”
While hacking attempts failed in
Pennsylvania, they were successful in
Illinois, as hackers in 2016 accessed
registration data for as many as 90,000
voters. Officials, though, say the hack-
ers did not erase or modify any records.
Adam Weiner, who served as a poll
worker in his South Loop neighborhood
in Chicago during the 2014 midterm
elections, said if a voter roll had been
compromised by hackers, “it would
have ground everything to a halt.”
“It was just not questioned that
the data there was accurate,” Weiner
said. “If we can’t trust the list, how can
people vote?”
David Bjerke, the director of elec-
tions and general registrar of voters for
Falls Church, Virginia, a Washington
suburb, said if registration informa-
tion is changed, voters should still cast
provisional ballots, because officials
can verify the eligibility of voters by
going back to check paper registration
records. Voters, he said, should check
their registration status well before
Election Day. And if the option is avail-
able, they should vote by mail or vote
21 states
targeted by
Russian hackers
PENNSYLVANIA WAS AMONG 21
states targeted by Russian hackers
before the 2016 presidential election,
according to federal authorities. Gov.
Tom Wolf’s administration has said
neither it nor the U.S. Department of
Homeland Security has any evidence of
a breach of the state’s election systems.
Here is the complete list of states that
were targeted.
»»Alabama
»»Arizona »»North Dakota
»»Alaska »»Ohio
»»California
»»Oklahoma
»»Colorado
»»Connecticut »»Oregon
»»Delaware »»Pennsylvania
»»Florida »»Texas
»»Illinois
»»Virginia
»»Iowa
»»Maryland »»Washington
»»Minnesota »»Wisconsin
early so they can discover a potential
problem with time to spare.
According to U.S. officials, Rus-
sian hackers have not changed ballot
counts. And as more systems move to-
ward paper ballots and away from digi-
tal voting machines, the risk of hackers
manipulating vote counts decreases.
“At no time was the voting process
from a tabulation or count perspective
in jeopardy,” said Chris Chambless, the
supervisor of elections for Clay Coun-
ty, Florida. “People hear there was an
attempt to change the results of the
election. And that was never in play.”
But Chambless, whose county out-
Tuesday, March 27, 2018
side of Jacksonville has sophisticated
network security, is still concerned
about “zero-day malware,” viruses
so new that security systems cannot
detect them. Florida also was targeted
by hackers in 2016.
WHERE IS THE SUPPORT?
For more than a year now, after
designating election infrastructure as
critical, the federal government has
begun working with states to assess the
security of their voting systems. But
officials say they need more resources
to get cybersecurity experts in offices,
to increase audits and to update equip-
ment.
A bipartisan bill in the U.S. Senate,
which would provide $386 million in
federal grants to state election secu-
rity, has stalled. The bill’s author, Sen.
Amy Klobuchar, a Minnesota Demo-
crat, said in February that more than
40 states rely on a voting system that is
at least a decade old.
The U.S. State Department has not
spent a dime of the $120 million it was
allocated after 2016 to fight Russian
election meddling. And for his part,
President Donald Trump has not told
intelligence agencies to stop Rus-
sian attempts to target U.S. election
systems.
So, many local and state leaders
are tackling security alone. Travis
County, Texas, which surrounds Aus-
tin, brought in academics to develop a
system that encrypts votes and stores
them in a secure database. The sys-
tem would allow for efficient auditing.
Similar programs are in place in Los
Angeles and San Francisco, and Cali-
fornia is looking to replace its aging
equipment.
Local election officials now need
to be cybersecurity officials. But they
have always had to be wary of misinfor-
mation campaigns.
In Bend, Oregon, Blankenship
never thought she would have to fend
off Russian hackers. But she has been
concerned about misinformation for
the last 15 years.
“It doesn’t necessarily need to come
from another country,” she said. “It
could come from another candidate to
a voter who doesn’t have the time to
see whether the information is valid or
not.
“That’s not new, that’s politics.”
Matt Vasilogambros is a reporter
for Stateline, an initiative of The Pew
Charitable Trusts.
T H E C A U C U S 13

THIS WEEK IN PA HISTORY
Excerpts of noteworthy, newsworthy and just plain odd political news
4
Y E A R S AG O
House leaders ban
most cash gifts
ALLEGATIONS SURFACED IN APRIL 2014 THAT SOME
state lawmakers had accepted cash from a confidential
informant in a criminal investigation. The House, apparently
embarrassed by its lax ethics rules, imposed a ban on most
types of cash gifts but allowed money from specified close
family members and non-lobbyist friends. The one-page
“action in writing” was approved by the House Bipartisan
Management Committee. A spokesman for Republican
House Speaker Sam Smith told The Associated Press’ Mark
Scolforo the policy change was made in response to re-
ports in The Philadelphia Inquirer that four House members
— all Democrats from Philadelphia — accepted payments
from a lobbyist wearing a wire for state prosecutors. At-
torney General Kathleen Kane said about eight people
accepted a total of more than $20,000 from the informant.
Pennsylvania has one of the weakest policies in the country
when it comes to lawmakers accepting gifts.
15
Y E A R S AG O
House speaker’s casket
displayed in Rotunda
PENNSYLVANIA HOUSE SPEAKER MATTHEW J. RYAN
was honored in early April 2003 by having his casket
displayed in the Capitol Rotunda, the first such viewed in
the building dedicated in 1906. The previous capitol was
destroyed by fire in 1897. “To my knowledge, the last time
we had anybody lie in state here was Abraham Lincoln in
the House chamber, while he was being transported back
to Illinois two or three days after his assassination” in 1865,
House parliamentarian Clancy Myer, who stood behind
Ryan during sessions and advised him on parliamentary
and legal issues, told The AP. Ryan, 70, died on March
30 of that year of complications related to cancer. Ryan
was Pennsylvania’s third-longest serving speaker, and the
second-longest serving member of the House.
FROM LEFT Former House
Speaker Sam Smith, David
Unkovic, former House Major-
ity Leader Todd Eachus, former
House Speaker Matthew J. Ryan
and Ruthann Hubbert-Kemper.
14 T H E C A U C U S Tuesday, March 27, 2018
POLITICAL HISTORY
6
Y E A R S AG O
Capital overseer resigns,
citing ‘crosswinds’
DAVID UNKOVIC, GOV. TOM CORBETT’S PICK TO TAKE
over financial control of Pennsylvania’s troubled capital
city, resigned unexpectedly in April 2012, citing his “unten-
able position in the political and ethical crosswinds.” Un-
kovic had been in the position for about three months and
was trying to untether Harrisburg from debt left over from
a costly retrofit of its municipal trash incinerator. The city
and the city authority that owns the incinerator had been
tens of millions of dollars behind in payments on about
$300 million in debt. Unkovic, a career municipal bond
lawyer, was proposing tax increases on city residents, rene-
gotiating labor contracts and selling or leasing various city
assets, such as parking garages, and had even broached
the idea of seeking bankruptcy protection. Unkovic had
asked state and federal prosecutors to look into the financ-
ing of the incinerator’s retrofit, which he had described as
“disturbing.”
20
Y E A R S AG O
PennDOT says it will
snitch on bad teens
THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
pledged in spring 1998 to notifying parents when their
teenage children commit serious traffic violations such as
speeding. The policy change was one of three PennDOT
was discussing as part of an effort to strengthen the sys-
tem for training and licensing teen-age drivers, PennDOT
spokesman Rich Kirkpatrick said at the time. Juveniles
between the ages of 16 and 17 had to agree in writing to
the release of such information before they can obtain a
permit to drive. The movement to crack down on careless
teen drivers began in earnest that year after The Evening
Sun in Hanover raised questions in a series of articles about
whether Pennsylvania does enough to weed out dangerous
youths before they are issued regular licenses. Lawmakers
have pledged to work with students, teachers and trans-
portation officials on legislation to keep reckless young
drivers off the road, the newspaper reported.
8
Y E A R S AG O
Those raises were
a mistake. Honest!
THE PATRIOT-NEWS OF HARRISBURG REPORTED IN LATE
March 2010 that top staffers in the Pennsylvania House
Democratic Caucus got hefty salary increases and others
received pay raises — after a pay freeze took effect on Jan.
1. House Speaker Keith McCall’s chief of staff, Paul Parsells,
received a nearly $19,000 pay increase and Parliamentar-
ian Reizdan Moore’s salary was boosted by about $3,900,
the newspaper reported. A dozen House Democratic
staffers also got pay raises after a “salary control” freeze
on annual merit pay increases took effect in January 2010.
House Majority Leader Todd Eachus told the newspaper
those 12 raises were mistakes, but that he was letting the
recipients keep them. The Patriot-News reported that
House Democrats resisted requests to release information
about the raises; it took the paper six weeks to obtain the
information.
25
Y E A R S AG O
Crumbling Capitol
statues pose hazard
RUTHANN HUBBERT-KEMPER, HEAD OF THE PENNSYL-
vania Capitol Preservation Committee, told reporters in
April 1993 that the huge marble statues flanking the Capi-
tol’s main entrance were sinking and in danger of toppling.
“It’s an emergency,” she said. Workers erected scaffolding
around the white stone figures to prevent any pieces from
falling on passersby. The statues were created from Carrara
marble by American sculptor George Grey Barnard; they
were installed at the Capitol in 1911 but had begun deterio-
rating after water began seeping into the nearby Capitol
portico. Several fingers had already dropped. “If it weren’t
for some treatment done over the last number of decades,
the heads would have fallen off by now,” Hubbert-Kemper
said. The Legislature authorized the Governor’s Office to
spend $2 million on the project. But the Governor’s Office
would not immediately release the money. “Right now, as
far as the statues are concerned, we’ve had other priorities
we’ve dealt with,” said Susan Grimm, a spokeswoman for
Gov. Robert P. Casey.
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