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

A Voting Rights Disaster?

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A Voting Rights Disaster?

By Christopher Edley Jr. The Washington Post Oct 28 2008

Suppose in your neighborhood there are 600 registered voters per machine, while across town there are only 120 per machine. (That's a 5 to 1 disparity, which is what exists in some places in Virginia today.)

On Election Day, your line wraps around the block and looks to be a four-hour wait, while in other areas lines are nonexistent.
This ought to be a crime. It amounts to a "time-tax" on your right to vote, and some of your neighbors will undoubtedly give up and go home. This scenario raises three questions: Nationwide, will it discourage tens of thousands, or untold millions? Which presidential candidate and down-ballot candidates might benefit from this "tax"? And what can be done in the next few days?

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Motion to Intervene

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Motion to Intervene

posted on: Oct 25 2008

While this motion reads as a motion to intervene on behalf of the plaintiffs, the PA Republican State Committee has informed the court that it is a motion to intervene on behalf of the defendants.

Motion to Intervene.pdf

Lawsuit: Paper ballots should be on hand in Pa.

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Lawsuit: Paper ballots should be on hand in Pa.

By MaryClaire Dale, The Associated Press

Several voter-rights groups filed suit Thursday to seek emergency paper ballots for Pennsylvania voters in the event that electronic machines break down.

The groups want paper ballots to be available on Election Day if more than half of the voting machines at a given polling place malfunction. Otherwise, voters are often left to endure long lines, they said.
"People should be able to exercise their right to vote without waiting in line for hours or being told to go home and come back later," said John Bonifaz, legal director of Voter Action, a national voter advocacy group that is one of several plaintiffs.

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