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Pennsylvania

In August 2006, Voter Action filed a lawsuit in Pennsylvania seeking to halt the use of electronic voting machines in that state. In April of 2007, the Commonwealth Court of Pennsylvania ruled in the voter plaintiffs’ favor, stating that voters have a right under the state’s constitution to a reliable and secure voting system, 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 an independent audit. This is a landmark decision in the process of reclaiming public control of our public elections; it distinctly endorses the right of the public to participate in, seek information from and demand necessary recourse throughout our nation’s election processes. In response to this ruling, the Pennsylvania Secretary of State filed a petition before the Pennsylvania Supreme Court seeking to appeal the decision. In December 2008, the Pennsylvania Supreme Court denied the Secretary of State's appeal and allowed the case to move forward.Voter Action is working with co-counsel in preparation for trial in this case for April 2011.

Click here for information about litigation we pursued for emergency paper ballots in light of data collected during election monitoring work in the Pennsylvania presidential primary through the Watch the Vote Program.

Recent News

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

  • 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.

Pennsylvania Legal Action

Banfield v. Cortés

In August 2006, a group of Pennsylvania voters filed a lawsuit in Pennsylvania state court challenging the use of electronic voting machines on the grounds that it violated the state election code and the state constitution’s guarantee of the right to vote.  More >>