Opinion
No. 4 MAP 2022
03-21-2022
COUNTY OF FULTON, Fulton County Board of Elections, Stuart L. Ulsh, in His Official Capacity as County Commissioner of Fulton County and in His Capacity as a Resident, Taxpayer and Elector in Fulton County, and Randy H. Bunch, in His Official Capacity as County Commissioner of Fulton County and in His Capacity as a Resident, Taxpayer and Elector of Fulton County v. SECRETARY OF the COMMONWEALTH Appeal of: Dominion Voting Systems, Inc., Possible Intervenor
ORDER
PER CURIAM
AND NOW, this 21st day of March, 2022, the Commonwealth Court's order of January 10, 2022, denying intervention is hereby REVERSED and Proposed Intervenor's Application for Leave to Intervene for the Limited Purpose of Seeking a Protective Order is hereby GRANTED . Intervention may be granted to parties whose rights and interests may be irreparably harmed as a consequence of the progression of the case. See Bannard v. New York State Natural Gas Corp. , 404 Pa. 269, 172 A.2d 306 (1961) (holding that intervention is permitted "where the party seeking it has an interest in or will be affected by the pending litigation"); see also Banfield et al. v. Secretary of the Commonwealth , 922 A.2d 36 (Pa. Cmwlth. 2007) (granting intervention to three voting system providers for the limited purpose of defending discovery and seeking protective orders).
Justice Mundy and Justice Brobson note their dissent.