PHILADELPHIA -- A nonpartisan and diverse group of Pennsylvania voters filed a lawsuit today in Commonwealth Court to halt the use of electronic voting machines that do not create a permanent physical record of each vote. The lawsuit, the most comprehensive yet filed against electronic voting in Pennsylvania, alleges that the Secretary of State's certification of such electronic voting machines violates the state's Election Code and the state's Constitution.
The plaintiffs in the suit - numbering more than a dozen from around the state - include J. Whyatt Mondesire, president of the NAACP's Philadelphia Branch; Susanna Staas, former Chester County Republican Committeewoman; the Rev. James Moore, president of the Black Clergy of Philadelphia and Vicinity; Rob McCord, chairman of the Eastern Technology Council; and Janis Hobbs-Pellechio, volunteer for the Bucks County group Coalition for Voting Integrity.
If the voter plaintiffs prevail in their request for a preliminary injunction, a total of 57 affected counties could still hold their November elections using paper ballots with optical scan readers.
The complaint details numerous breakdowns and loss of votes by machines that have been certified for use in Pennsylvania by the Secretary of State. Incidents include the loss of votes in four precincts in Berks County last year, the 10,000 votes in three Pennsylvania counties that were not counted in the 2004 Presidential election, and the 200 machines in Philadelphia that experienced problems in the May 2006 primary. The complaint also details examples of lost votes in elections around the country from electronic voting machines.
"The General Assembly has specified that electronic voting machines must be absolutely accurate, they must be reliable and they must have a 'permanent physical record' before they can be used in Pennsylvania," said Michael Churchill, co-counsel for the plaintiffs and attorney with the Public Interest Law Center of Philadelphia (PILCOP). "With the all-electronic voting systems certified by the Secretary of State, it's impossible to ensure all votes are recorded and counted as intended by the voters."
Marian K. Schneider, also co-counsel for the voter plaintiffs, noted that this issue has broad implications. "The integrity of the voting process is an issue that concerns us all, regardless of ideology or political party affiliation," Schneider said. "The changeover to paperless machines, however originally well-intended, threatens to undermine our democracy. Now is the time to ensure that every vote counts and every vote is counted."
Coalition for Voting Integrity
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