in

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

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

    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.”

  • Judge widens backup paper ballots provision in Pa.

    A federal judge has ruled that Pennsylvania must make emergency paper ballots available to voters on Election Day if 50 percent or more of voting machines fail.

« first‹ previous…34567891011…next ›last »

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 >>