Exhibit J — Pennsylvania State Email on Business Donations to Election Offices — PA Voters Alliance v. Centre County

Record facts

U.S. District Court for the Middle District of Pennsylvania · No. 4:20-cv-01761-MWB · Doc. 5-12 · 2020-09-28 · Docket on CourtListener

Full text

From: 
"Marks, Jonathan" <jmarfcs~pa.gov> 
Sent: 
7R/2020 2:52:00 PM +p040 
To: 
"Olivieri, Deborah" <DOlivieri@c~untyofi~erics.com>; "600ckvar, Kathryn" 
<kboackvar(a~pa.gov> 
Subject: 
Re: Re: Help on reputations related to bus(ness donations to county election 
offices 
Hi Debbie, 
Below is a summary of the answer we received from our own counsel regarding donations. 
Unfortunately, it is something your solicitor would have to review in the context of the 
County Code and the county's procurement rules. 
I would expect that the advice regarding the partisan nature of elections and the potential 
conflicts of (~terest would be good advice for a county election office as well. 
Any donations directly to the counties would need to be evaluated by the county solicitors based on 
their rules governing the specific county. As far as donations to Lhe Commonwealth, the Department 
could accept those pursuant to Section 513 of the Administrative Code of 1929, 7Z P.S. § 193. Although 
the practice o#accepting donations is allowed there are some things to consider espec(ally if the 
donation is going to be used to support the Department's election efforts. Because elections are 
partisan in nature and the Department has the responsibility to remain nonpartisan in executing its 
duties in overseeing the election process in the Commonwealth, any type of donation will need to be 
property vetted in order to ensure that the Department's duties regarding elections are not 
compromised by an actual conflict of interest and that the donation does not create a public perception 
that would call into question the Department's impartiality/neutrality in election matters. 
Jonathan Marks 
Deputy Secretary for Elections and Commissions 
Pennsylvania Department of State 
Desk Phone: (717) 783.2035 
Mobile: (717) 649-0671 
From: Olivieri, Deborah <pplivieri~countyofberks.com> 
Sent: Tuesday, July 7, 202010:35 AM 
To: Marks,lonathan; Bootkvar, Kathryn 
Subject: FW: Help on regulations related to business donations to county election o~ces 
Jonathan 
1 forwarded to the State a few weeks ago and wanted to know if this can be done. 
Thanks 
Debbie 
hope things are going wet! in Berks County. I'm writing to see if you could help me determine 
what business donations might be appropriate far county election offices. Our organization is 
building a "match-making" platform for businesses to support the needs of election officials in 
10 states (PA included) --things like scanners, pens, PPE, poll workers, facilities, etc. 
EXHIBIT J
Case 4:20-cv-01761-MWB   Document 5-12   Filed 09/28/20   Page 1 of 3

We want to make sure we understand the rules around donations like this so we can best 
position the platform for both businesses and county election offices 
Could you please let me know where I might be able to find this informations Thanks sa much 
for your help Christian. 
Best, 
-Joe 
Joe Petrucci 
Pennsylvania State Director 
6uslness For America 
jog~bfa.us 
Zis.2o~.22z~ 
Wall Street Journal article on our organization's work 
Our ar~anization's statement on the police killing of George Floyd 
fOR INFURAAATION RE: COVID-19 AND WNA1" YOU CAN DO,.. CLICK 
www.DoYourPartBerks.cpm 
This message and the attachment(sj are intended for the use of the individual or entity to 
whom it 1s addressed and may contain information that is privileged, confidential and exempt 
from disclosure under applicabte law. If the reader of this message is not the intended recipient 
or the employee or agent respon5ibte for delivering the message to the intended recipient, you 
are hereby notified that any retention, use, dissemination, distribution ar copying of this 
communitaiion including attachments is st~ictiy prohibited. if you have received this 
communication in error, please notify us immediately by telephone or reply to the original 
message at the above address and then delete alt capies of the message. 
Thank you. 
FOR INfORMAi`ION RE: COVIO-19 AiVD WHAT YOU CAN DC3... CLICK 
www.DaYourRartBerks.com 
This message aid the attachment(sj are intended for the use of the individual or entity to 
whom it is addressed and may eontain information that is privileged, confidential and exempt 
from disclosure under applicable law. if the reader of this message is nat the intended recipient 
ar the employee or agent responsible for delivering the message to the intended recipient, you 
are hereby notified that any retention, use, dissemination, distribution or copying of this 
communicat+on including attachments is strictly prohibited. if you have received this 
communication in error, please notify us immediately by telephone or reply to the origins! 
message at the above address and then delete all copies of the message. 
EXHIBIT J
Case 4:20-cv-01761-MWB   Document 5-12   Filed 09/28/20   Page 2 of 3

Thank you. 
FOR IN~ORMATiOf~ RE: COVID-19 AND WNAt YQU CAN DO.., CII~K www.DoYourf~artBerks.com 
This message and the attachments) are intended for the use of the individual or entity to whom it is 
addrQssed and may contain information that is privileged, tonfidential and exempt from disclosure 
under applicable law. If the reader of this message is not the intended retipient or the employee or 
agent responsible for delivering the message to the intended recipient, you are hereby notified that any 
reientian, use, dissemination, distribution or copying of this communication including attachments is 
strictly prohibited. If you have received this communic2ition in error, please notify us immediately by 
telephone or reply to the original message at the above address and then delete all copies of the 
message. 
Thank you. 
EXHIBIT J
Case 4:20-cv-01761-MWB   Document 5-12   Filed 09/28/20   Page 3 of 3

File and source

File

gov.uscourts.pamd.126465.5.12.pdf

Size

843,956 bytes

SHA-256

2696e299d63f9bbbec828c2bf09da541bb07225528be955c6f794872b2042987

Our copy

gov.uscourts.pamd.126465.5.12.pdf

Original

archive.org