CEC Supports Disenfranchised Korean War Veteran Lawsuit after Hundreds of 2025 Primary Ballots Mishandled in Scranton, PA
The Center for Election Confidence (CEC) backed a lawsuit in federal court on behalf of Eugene Kopecki, a Korean War veteran whose constitutional right to vote was violated by the County of Lackawanna, Pennsylvania, its Board of Elections, its Department of Elections, and its Elections Director, Elizabeth Hopkins, on Primary Election Day 2025. Mr. Kopecki also alleges that his First and Fourteenth Amendment rights were violated.
Lackawanna County election officials admitted to mailing incorrect absentee and mail-in ballots to nearly 550 voters living in Scranton ahead of the 2025 Primary Election, while “voters residing in other municipalities within Lackawanna County received the correct ballots.” Despite public promises to the contrary and personal contact by the plaintiff, Hopkins and her election staff failed to provide the proper ballot in time for the plaintiff to vote in the May 20 Primary Election, making the 2025 Primary Election the first election in which he made the appropriate effort and was not able to vote—including while serving in the military overseas.
Counsel Linda Kerns:
It’s long past time Pennsylvania takes our electoral process more seriously, holds bad actors accountable, and ensures that the law is enforced to prevent any disenfranchisement in the future.
RESULT:
On August 3, 2026, the U.S. District Court for the Middle District of Pennsylvania entered a consent decree resolving the CEC-supported lawsuit. Lackawanna County must adopt a comprehensive election procedures manual and task checklists, require two election officers to sign off on ballot accuracy, and institute comprehensive, ongoing training for election workers. The County must also publicly post the decree, preserve records documenting its compliance, and permit Mr. Kopecki or his representatives to review that compliance upon reasonable notice. The court will retain jurisdiction to enforce these requirements for three years—concrete reforms intended, in the decree’s words, “to improve election administration going forward to prevent future disenfranchisement of Plaintiff and other citizens.”
Counsel Linda Kerns:
Lackawanna County officials recognized the seriousness of this error and have already made substantial progress towards drafting the written manual setting forth a comprehensive set of election-related policies and procedures.
This consent decree turns accountability into action by requiring enforceable procedures, meaningful quality controls, better training, and continuing oversight.
The Center for Election Confidence (CEC) supported this lawsuit in accordance with its mission to safeguard the right of all eligible Americans, regardless of party affiliation, to take part in the electoral process and to have confidence in America’s election systems and election results.
Case Documents
13 Consent Decree and Order (August 3, 2026)
Answer to Complaint (January 22, 2026)
Complaint (December 29, 2025)
Last Updated: August 4, 2026