Wednesday, October 29, 2008

PA Must Provide Emergency Paper Ballots Event Half Machine Breakdowns

On the Vote PA Message Board this evening, organizer and founder Mary Beth Kuznick posts an update in the recently filed case of NAACP vs Pennsylvania Secretary of State Pedro Cortes and the ruling of federal Chief U.S. District Judge Harvey Bartle III.

Plaintiffs won their Preliminary Injunction in the NAACP v. Cortés suit...

The Plaintiffs won their Preliminary Injunction in the NAACP v. Cortés suit! Emergency Paper Ballots to be used if 50% or more of voting machines are down...

http://groups.yahoo.com/group/VotePA/message/4251


Kuznik testified during the hearing, and will make a report on the Vote PA site.

Posted on Wed, Oct. 29, 2008
U.S judge hears Pa. ballot lawsuit
By Cynthia Henry

Inquirer Staff Writer
Mary Beth Kuznick, a Westmoreland County election judge, testified in favor of a more flexible paper ballot backup system in Pennsylvania.

"We've already been trained on how to count and secure ballots," she said. "I don't see the need for more training."

http://www.philly.com/philly/news/pennsylvania/20081029_U_S_judge_hears_Pa__ballot_lawsuit.html?text=lg&c=y


Posted on Wed, Oct. 29, 2008
U.S judge hears Pa. ballot lawsuit
By Cynthia Henry

Inquirer Staff Writer

Voter-rights advocates and election officials argued yesterday in federal court over how to keep lines moving if Pennsylvania voting machines break down on Election Day.
The NAACP State Conference of Pennsylvania and individual voters sued Secretary of the Commonwealth Pedro A. Cortes on Thursday to force the use of paper ballots if 50 percent or more of machines in any polling place fail. On Sept. 3, Cortes instructed poll workers to issue emergency paper ballots only if all machines failed at once.

The lawsuit alleges that voters would be disfranchised if they had to wait hours in line for machine repairs.

http://www.philly.com/inquirer/local/20081029_U_S_judge_hears_Pa__ballot_lawsuit.html


Posted on Wed, Oct. 29, 2008
U.S judge hears Pa. ballot lawsuit
By Cynthia Henry

Inquirer Staff Writer

Voter-rights advocates and election officials argued yesterday in federal court over how to keep lines moving if Pennsylvania voting machines break down on Election Day.
The NAACP State Conference of Pennsylvania and individual voters sued Secretary of the Commonwealth Pedro A. Cortes on Thursday to force the use of paper ballots if 50 percent or more of machines in any polling place fail. On Sept. 3, Cortes instructed poll workers to issue emergency paper ballots only if all machines failed at once.

The lawsuit alleges that voters would be disfranchised if they had to wait hours in line for machine repairs.

"We think people will become disgruntled and leave, and maybe even take stronger action," NAACP conference president J. Whyatt Mondesire told Judge Harvey Bartle III in Philadelphia.

But election officials expressed confidence in the machines and said Tuesday's election was too close to change procedures.

Testimony went late into the evening as witnesses related past machine failures and reliability, registration statistics, and what-if election protocols.

Philadelphia voters Angel Coleman and Douglas Jerolmack lamented machine shutdowns on the morning of the April primary.

http://www.philly.com/inquirer/local/20081029_U_S_judge_hears_Pa__ballot_lawsuit.html


Case Information
Current Court: U.S. District Court for the Eastern District of Pennsylvania (Case 2:08-cv-05048)
All Courts: U.S. District Court for the Eastern District of Pennsylvania (Case 2:08-cv-05048)
Topic(s): Voting Technology
State: Pennsylvania
Date Filed: October 23, 2008


Issue:

Whether polling locations can be required to distribute emergency paper ballots to voters when 50% or more voting machines become inoperable at a specific location. Pennsylvania Secretary of the Commonwealth Pedro Cortes has issued a directive requiring that paper ballots be distributed when 100% of the voting machines at a polling location have failed. The plaintiffs, concerned about long lines due to malfunctioning voting machines, allege that not providing emergency paper ballots in cases where there is less than 100% voting machine failure would violate the constitutional rights of voters.

http://www-lvs13.net.ohio-state.edu/electionlaw/litigation/naacp-scpv.cortes.php

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