Statewide rule sought on voting machines
Statewide rule sought on voting machines Statewide rule sought on voting machines
Thursday, January 12, 2006
By Jerome L. Sherman, Pittsburgh Post-Gazette
With a federal deadline looming and more than $100 million in aid at stake, the future of high-tech voting in all of Pennsylvania's 67 counties is going before Commonwealth Court.
A judge in Westmoreland County yesterday pushed the issue to the state level, making Pedro A. Cortes, secretary of the commonwealth, a defendant in a lawsuit that seeks more public input as county officials prepare to buy tens of thousands of new electronic voting machines for the upcoming May primary.
Thursday, January 12, 2006
By Jerome L. Sherman, Pittsburgh Post-Gazette
With a federal deadline looming and more than $100 million in aid at stake, the future of high-tech voting in all of Pennsylvania's 67 counties is going before Commonwealth Court.
A judge in Westmoreland County yesterday pushed the issue to the state level, making Pedro A. Cortes, secretary of the commonwealth, a defendant in a lawsuit that seeks more public input as county officials prepare to buy tens of thousands of new electronic voting machines for the upcoming May primary.
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Statewide rule sought on voting machines
Thursday, January 12, 2006
By Jerome L. Sherman, Pittsburgh Post-Gazette
With a federal deadline looming and more than $100 million in aid at stake, the future of high-tech voting in all of Pennsylvania's 67 counties is going before Commonwealth Court.
A judge in Westmoreland County yesterday pushed the issue to the state level, making Pedro A. Cortes, secretary of the commonwealth, a defendant in a lawsuit that seeks more public input as county officials prepare to buy tens of thousands of new electronic voting machines for the upcoming May primary.
Last week, a group of voting rights activists, including state Sen. Jim Ferlo, D-Highland Park, sued Westmoreland County to stop commissioners there from buying 750 touch-screen machines -- similar to ATMs -- from Nebraska-based Election Systems and Software Inc.
The lawsuit argues that, under the state constitution, voters must have a chance to decide if they want electronic machines.
County and state officials say a federal law, the Help America Vote Act of 2002, takes precedence.
Known as HAVA, the law is a result of voting problems in Florida during the 2000 presidential election. It promises sizeable aid packages for local governments across the country that purchase new voting technology this year.
But under some interpretations, counties that don't do so by the May primary could forfeit the federal money.
Pennsylvania's share of the money is $136 million.
Yesterday, Common Pleas Judge William J. Ober asked Westmoreland County not to sign a contract for new machines until Commonwealth Court has a chance to consider the lawsuit.
"This is our best opportunity to try to get the issue resolved before the primary election," said Mark Gesalman, solicitor for Westmoreland County. "But there's no guarantee."
Because of the constitutional issues involved with the case, Mr. Gesalman wanted the state to become involved.
Brian McDonald, spokesman for the Pennsylvania Department of State, which oversees elections, said his office welcomes a chance to argue before Commonwealth Court.
"There will be a decision handed down. There will be guidance for all the counties," he said. "Our interpretation all along has been that HAVA trumps state law."
Charles A. Pascal Jr., attorney for the voting rights activists, said the referendum requirement doesn't conflict with the new federal law. He blames counties and the state for not setting aside time to create a ballot question on voting machines after the federal law was passed four years ago.
"I don't believe a couple of years of inaction becomes a justification for violating the state constitution," said Mr. Pascal, of Leechburg, Armstrong County. "Certainly between 2002 and 2006 there were enough elections to hold a referendum."
Ultimately, Mr. Pascal's clients hope all counties in Pennsylvania will select machines that produce paper trails and allow voters to check their choices.
The federal law does not compel local governments to buy machines with paper trails, but many states are adding that provision.
Both houses of the Pennsylvania Legislature are considering similar bills.
"Without a way for the voters to check, we don't have any way to recover votes if there's a machine failure," said Marybeth Kuznik of Penn Township, a plaintiff in the lawsuit.
Westmoreland County stands to receive about $3 million in federal aid for new machines.
Officials in nine other counties in southwestern Pennsylvania, including Allegheny County, are in discussions about making a bulk purchase of machines to save money.
Allegheny County will receive about $12 million in federal aid, although the total cost for replacing the 2,800 existing lever machines may be as much as $20 million.
(Jerome L. Sherman can be reached at jsherman@post-gazette.com or 412-263-1183.)
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