Banfield v. Cortes


Amicus Curiae brief filed

The Rutgers School of Law Constitutional Rights Clinic has filed an amicus curiae brief appealing the Commonwealth’s decision to grant the state summary relief. The brief argues that “DREs, like all other computers, make errors. Whether those errors are due to flawed design or malicious interference is inconsequential.”

Due to this susceptibility to errors, the brief contends “paperless DREs are fundamentally incapable of meeting Pennsylvania statutory and constitutional requirements for security, accuracy and reliability.Therefore, the brief requests the court overturn the previous decision in favor of the state and “prohibit the use of paperless DREs in all future elections in Pennsylvania.”

Click here to read the full brief.