PENNSYLVANIA STATE SUPREME COURT ALLOWS VOTING RIGHTS CASE TO PROCEED

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Voter Action Press Release

PENNSYLVANIA STATE SUPREME COURT ALLOWS VOTING RIGHTS CASE TO PROCEED

Dec 18 2008 | State’s Highest Court Denies Pennsylvania Secretary of State Permission to Appeal Lower Court Ruling in Voters’ Favor Case Challenging the Use of Electronic Voting Machines Now Moves Toward Trial PHILADELPHIA, PA – Pennsylvania voters challenging the continued use of unverifiable electronic voting machines in their state won another major round on Tuesday when the Pennsylvania Supreme Court issued a ruling allowing their case to proceed toward trial. The state’s highest court, in a one-sentence order, denied the Pennsylvania Secretary of State’s petition seeking permission to appeal a lower court ruling decided in the voters’ favor. In April 2007, the Commonwealth Court of Pennsylvania had ruled that voters have a right under the Pennsylvania Constitution to reliable and secure voting systems and can challenge the use of electronic voting machines “that provide no way for Electors to know whether their votes will be recognized” through voter verification or independent audit. Following that ruling, Pennsylvania Secretary of State Pedro Cortés filed his petition before the Pennsylvania Supreme Court and further proceedings in the case, Banfield v. Cortés, had been suspended pending the outcome of the petition. The order issued on Tuesday gives a green light for the voters to pursue their claims.

“We now look forward to moving this case toward trial,” says Mary Kohart, a partner at Drinker Biddle & Reath LLP, one of the lawyers representing the voters. “There is overwhelming evidence showing that electronic voting machines are unreliable and insecure for the counting and recording of votes. We are pleased that our clients will now have the

Pa. high court allows voting-machine suit to proceed

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Pa. high court allows voting-machine suit to proceed

By Amy Worden Inquirer Harrisburg Bureau Dec 20 2008

HARRISBURG - The fate of electronic voting machines used in most Pennsylvania counties will be decided by a state court.

A decision by the state Supreme Court this week denying an appeal filed by the secretary of the commonwealth clears the way for Commonwealth Court to determine whether touch-screen machines violate the state election code.

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Voting-machine challenge back on track

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Voting-machine challenge back on track

By David Singleton The Times Tribune Dec 18 2008

A lawsuit challenging the use of electronic voting machines is back on track after a 20-month detour in the state Supreme Court.

The Supreme Court cleared the way for the case to proceed Tuesday, when it denied Secretary of the Commonwealth Pedro Cortes permission to appeal an April 2007 ruling by Commonwealth Court that said voters may contest the legality of the widely used — and increasingly controversial — electronic voting systems.

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Voters Find Long Lines, but No Catastrophes

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Voters Find Long Lines, but No Catastrophes

Ian Urbina The New York Times Nov 4 2008

There were long lines, computer glitches, the occasional argument and even a few lawsuits.

But the process of voting in Tuesday’s presidential election — which may set a record for turnout — was relatively smooth, with no reports of catastrophic failures that kept large numbers of people from casting a ballot.

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Lawyers Head to Court On Behalf of Pennsylvania Voters

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Voter Action Press Release

Lawyers Head to Court On Behalf of Pennsylvania Voters

Nov 4 2008 | Philadelphia County Election Officials Fail To Meet Secretary of State’s Orders to Count Emergency Paper Ballots on Election Night | County Claims It Will Count Such Ballots on Friday

FOR IMMEDIATE RELEASE: Hotlines Bustling With Calls

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Voter Action Press Release

FOR IMMEDIATE RELEASE: Hotlines Bustling With Calls

Nov 4 2008 | Voters Facing Long Lines; Registration Issues Top Concern
Voter hotlines are buzzing today, with most polls being open less than five hours. Data from InfoVoter Technologies show that callers have serious concerns about registration problems and machine failures resulting in long lines at many polling places.

Today, the 1-866-MY-VOTE-1 and CNN hotlines have received a total of more than 16,000 calls; close to 3,000 in the last hour.

Voter Action is concerned about several states, including VA, PA, and FL.

“Ensuring that voters have access to the ballot box in a timely manner, and that their votes are counted is our number one goal today,” said John Bonifaz, legal director, Voter Action. “We are really concerned about the number and kinds of calls coming in from key states, like Pennsylvania, Virginia and Florida.”

Virginia is reporting extensive machine malfunction, specifically with voting machine books, causing long lines of people standing in the rain. The Voter Action legal team has contacted the Governor’s office.
 

Judge says Pa. must provide paper ballots

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Judge says Pa. must provide paper ballots

By Cynthia Henry, Philadelphia Inquirer

A federal judge yesterday ordered Pennsylvania election officials to issue emergency paper ballots if 50 percent or more of any precinct's machines fail at any one time on Election Day.

Delays caused by voting-machine breakdowns on Tuesday could unduly burden citizens and deprive them of their right to vote, Chief Judge Harvey Bartle III ruled.
"The evidence, not surprisingly, demonstrated that DRE [direct-recording electronic] voting machines, like all other machines, sometimes fail. When that happens, time is of the essence," Bartle wrote in a 28-page ruling. "The polls are open for one day and one day only and then for only 13 hours. There is no rain date."

Federal Judge Rules that More Emergency Paper Ballots Be Made Available When Voters Face Voting Machine Breakdowns

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Voter Action Press Release

Federal Judge Rules that More Emergency Paper Ballots Be Made Available When Voters Face Voting Machine Breakdowns

Oct 29 2008 | October 29, 2008 | PHILADELPHIA, PA – Federal Judge Harvey S. Bartle III ruled today that emergency paper ballots must be made available when fifty percent or more voting machines fail at polling locations across Pennsylvania. Judge Bartle, who is the chief judge of the U.S. District Court for the Eastern District of Pennsylvania, issued the ruling in favor of plaintiffs who had argued that voters could be disenfranchised by having to wait hours in line due to voting machine breakdowns. The plaintiffs presented testimony at an eight hour hearing yesterday before Judge Bartle that voters had faced such long lines caused by voting machine problems during the primary election in Pennsylvania in April, particularly in low-income minority neighborhoods.
“This is a huge victory for the voters of Pennsylvania,”said John Bonifaz, legal director for Voter Action and co-counsel for the plaintiffs. “This ruling will ensure that many voters across Pennsylvania will not be disenfranchised when voting machines break down on Election Day.”

The lawsuit followed numerous reports during Pennsylvania’s April primary of long lines when electronic voting machines became inoperable at their polling sites. Voters called national election protection hotlines on primary day, including 866-MYVOTE1, reporting that election officials were not providing emergency paper ballots when voting machines malfunctioned. Callers stated

NAACP vs. Cortes Case Ruling

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NAACP vs. Cortes Case Ruling

posted on: Oct 29 2008

Pennsylvania District Court order granting the preliminary injunction proposed by plaintiffs, Voter Action and the NAACP.

NAACP vs. Cortes Ruling

Court Orders Pa. to Provide Paper Ballots

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Court Orders Pa. to Provide Paper Ballots

By Mary Pat Flaherty The Washington Post Oct 29 2008

Anticipating high voter turnout and a repeat of equipment problems that caused delays during Pennsylvania's April primary, a federal judge late Wednesday ordered the state's polling places to offer emergency paper ballots when half the voting machines at a polling place don't work.

During the presidential primary, voters in various Pennsylvania counties reported leaving polling sites without voting or enduring hours-long waits when machines failed. Their experiences were recounted as part of a case filed by the Pennsylvania conference of the NAACP and other voting rights groups against Pedro A. Cortes, Pennsylvania Secretary of the Commonwealth.
 

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