Banfield v. Cortes


The Law Center filed a Motion for Summary Judgment

In September of 2011, the Law Center filed a Motion for Summary Judgment inBanfield. The motion argues that, because there is no genuine question of whether DRE voting machines create a physical record of votes capable of independent verification, we are entitled to prevail in the lawsuit as a matter of law.

Pennsylvania election law states that voting machines must “provide for a permanent physical record of each vote cast.” Though the Pennsylvania Secretary of State argues that DRE voting machines technically comply with the language of the statute, the uncontested fact remains that they do not and cannot provide a physical copy independent of their electronic records, as would be needed to verify election results.