Banfield v. Cortes


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

In October of 2013 the Commonwealth Court granted the state legal team’s motion for summary relief. The court ruled that there was not sufficient evidence to prove that the direct-recording electronic (DRE) voting systems were fatally flawed.

The Honorable Judge Leadbetter wrote in her opinion that “since voting will always be vulnerable to fraud, a mere possibility of a security breach is not alone sufficient to warrant overriding the Secretary’s determination to certify the systems.”

Accordingly, the court also dismissed the Law Center’s motion to compel production on behalf of Banfield and the other 27 Pennsylvania voters moot because the court granted the summary judgment in favor of to the state.

Click here to read the full decision.