Chester County Government CEO David Byerman announced Monday the appointment of West Chester-based law firm Fleck Eckert Klein McGarry, LLC (FEKM) to conduct an independent investigation into the Nov. 4 Election Day poll book issue that omitted the names of more than 75,000 third-party registered voters.
The omission of third-party voters from poll books at all 230 Chester County polling places resulted in 12,600 provisional ballots being cast by voters whose names did not appear in the poll book. Affected voters included those registered as Independent, Libertarian, Green Party, Non-Partisan, and No Affiliation.
Ten firms were invited to submit proposals in response to an independent investigation scope of work, prepared by Chester County’s senior administrative team. Fleck Eckert Klein McGarry, LLC was selected based on its experience in complex investigations, its knowledge of election-related legal issues, and its independence from Chester County Government.
The investigation announcement follows a hearing at which approximately 1,400 provisional ballots that had been set aside for review were adjudicated by the Chester County Board of Elections. County Republicans had sought to challenge the provisional ballots cast by more than 1,000 county residents — but the county Election Board voted to count those votes.
Representatives from the Chester County Democratic Committee (CCDC) argued that all of the votes should be counted.
“CCDC is happy with the Board of Election’s majority decision to count the votes of those remaining challenged votes over the Republican objection, said CCDC Chairwoman Charlotte Valyo. “CCDC remains committed to advocating for all legally cast ballots to be counted.”
“Today’s hearing marked an important first step toward restoring trust in Chester County’s democratic process,” Byerman said. “This investigation will be a critical next step.“We deeply regret the errors that occurred on and before Election Day, and through this review we commit to identifying the root causes of the problem and ensuring that it does not happen again.”
The independent investigation will focus on five key questions:
- What was the root cause of the production of incomplete poll books that led to the omission of third-party voters?
- What processes and controls were in place within the Department of Voter Services to ensure poll book accuracy?
- How and why did those processes fail? Were the processes and controls insufficient, or were they not properly followed?
- What other factors contributed to the failure or impeded Voter Services staff from identifying or reporting concerns?
- What caused the significant delays on Election Day as the County worked to mitigate the issue, and why weren’t supplemental poll books delivered to some polling places in a more timely manner?
FEKM will interview key County personnel involved in poll book preparation, review, and distribution, and will evaluate internal controls and communication channels within the
Department of Voter Services. Based on this work, the firm will:
- Identify the primary causes and contributing factors of the poll book error;
- Distinguish between human error and systemic deficiencies; and
- Recommend improvements to oversight, accountability, and transparency in election operations.
FEKM will begin preliminary work immediately. Formal interviews and review of all relevant materials, including evidence and notes, will follow.
The firm will prepare and deliver a written report summarizing findings, conclusions, and recommendations by December 19, followed by a public presentation at a Chester County Board of Elections meeting in mid to late January 2026. This meeting will be scheduled in the evening to encourage public attendance and participation.
The contract with FEKM will be a “not to exceed” contract with a $35,000 maximum.
Shortly after polls opened at 7 a.m. on Election Day, Chester County Voter Services identified a problem with the poll books used across all 230 precincts. The issue caused the omission of 75,076 third-party registered voters—out of the county’s 385,856 total registered voters. Affected voters included those registered as Independent, Libertarian, “No Affiliation,” or “Non-Partisan.”
Chester County Voter Services directed Judges of Elections to follow standard procedure – providing provisional ballots to third-party voters until supplemental poll books containing their names could be delivered to each precinct. Later that day, the County announced judicial approval to extend voting hours at all polling locations, from 8:00 p.m. to 10:00 p.m.
More than 12,600 provisional ballots were cast in Chester County on Election Day, the majority resulting from the poll book error.
