Banfield v. Cortes

The Law Center, along with the National watchdog group Voter Action, attorney Michael Daly of the firm Drinker Biddle and Reath, and private attorney Marian Schneider represented 26 Pennsylvania voters who filed a lawsuit against the Pennsylvania Secretary of State in August of 2006 and alleged that their votes were at risk of being lost or altered because of operational or security failures of the Pennsylvania-certified systems, and that such failures have in fact occurred on DREs in elections in Pennsylvania and in other states. The case alleged that the improper certification of DRE voting machines violated the plaintiffs’ constitutional right to vote as well as Pennsylvania election law. The lawsuit aimed to decertify the DRE voting machines and put in place a secure and reliable voting system that can be meaningfully monitored. After the Commonwealth Court approved the State’s motion for summary judgment, the Law Center appealed. In February 2015, the Supreme Court of Pennsylvania affirmed the Commonwealth Court’s order.

Case Progress

February 2015
The Supreme Court of Pennsylvania Affirms Commonwealth Court's Order

September 2014
The Supreme Court of Pennsylvania hears oral argument

July 2014
The Supreme Court grants the Law Center’s request for oral argument

July 2014
State files brief in opposition to Amicus Curiae brief

June 2014
Amicus Curiae brief filed

October 2013
The Commonwealth Court approves the State’s motion for summary judgment

March 2013
State files motion for summary relief

August 2012
The Commonwealth Court denied the Law Center’s motion for partial summary judgment

September 2011
The Law Center filed a Motion for Summary Judgment

December 2008
Pennsylvania Supreme Court denied a petition seeking permission to appeal a lower court ruling, allowing the case to proceed towards trial

April 2007
The Commonwealth Court of Pennsylvania ruled that voters have a constitutional right to secure voting systems