PA: e-Vote purchase blocked - Judge: Westmoreland must hold referendum

[Wilms]

Voting machine purchase blocked

Judge: Westmoreland must hold referendum

Tuesday, February 14, 2006

By Tracie Mauriello and Jerome L. Sherman, Pittsburgh Post-Gazette

HARRISBURG -- Westmoreland County cannot buy electronic voting machines unless voters say they want them, Commonwealth Court Judge Dan Pellegrini ruled yesterday in a case with statewide implications.

That means that in the May primary, the county likely will use paper ballots for U.S. Senate candidates and lever machines for local and state races, unless the state Supreme Court overturns the ruling.

Appeals are expected.

snip

Westmoreland will have to use paper ballots for federal elections until voters choose another HAVA-compliant system, Judge Pellegrini wrote. The old lever machines can still be used for state and municipal elections, which are not subject to the federal law.

County officials expect to meet today to discuss their options, which include asking Pennsylvania congressmen to extend the federal deadline for new voting machines. There isn't time to hold a referendum before the primary, Westmoreland County Commissioner Phil Light said yesterday.

Witnesses for the county and state testified in court last week that they didn't think a referendum was necessary because they believed the federal requirement for new voting machines would pre-empt the state constitution.

Not so, Judge Pellegrini wrote.

"It has never been an impossibility to comply with HAVA and still follow state laws at the same time," he wrote. "It just requires that two different types of voting mechanisms or systems be used."

snip

http://www.post-gazette.com/pg/06045/654962.stm

[Junkdrawer]

1. Do you know if anyone is going to file an injunction for Allegheny Co.?

...


Yesterday's ruling would apply to other counties that use lever systems, including Allegheny, if it is not overturned and if residents of those counties file for injunctions, Mr. Pascal said. None of those counties held referenda on voting systems because state officials told them it wasn't necessary.


...

:shrug:

[Wilms]

2. No idea. n/t

[Amaryllis]

3. Several alarming but common misconceptions here:

"Westmoreland will have to use paper ballots for federal elections until voters choose another HAVA-compliant system, Judge Pellegrini wrote."

Paper ballots ARE HAVA compliant! they just need another method for disability requirements.

"Witnesses for the county and state testified in court last week that they didn't think a referendum was necessary because they believed the federal requirement for new voting machines would pre-empt the state constitution.

There is NO fed requirement for voting machines!!! Where do they GET this stuff? Must be deliberate spread of erroneous info.