Voting Technology Suit in PA

A group of PA voters backed by PFAWF has filed suit (complaint in DOC) in federal court in Pittsburgh against local, state and federal officials for declaratory and injunctive relief. Claims include:

• violation of rights under HAVA as not all voters will be able to use the iVotronic DREs (some will have to use optical scan equipment);
• violation of due process under 14th A via purchasing flawed technology on the eve of a primary;
• violation of equal protection under 14th A via not vetting the technology adequately that will result in Allegheny County voters votes counting differently than other PA counties;
• violation of the ADA and Rehabilitation Act (different counts) via purchasing non-accessible DRE and optical scan equipment; and,
• violation by federal officials of due process under 5th A for treating PA differently than other states (specifically NY) and forcing a rush to purchase equipment with HAVA money.

They're asking the Court to:

• declare that the iVotronic and M650 machines are not HAVA-compliant, as described;
• declare that the Secretary of the Commonwealth's certification of these systems is null and void because of the non-compliance;
• preliminarily and permanently enjoin defendents from purchasing or using this equipment in elections for federal office;
• preliminarily and permanently enjoin defendents from using any non-HAVA-compliant voting technology for federal elections;
• preliminarily and permanently enjoin defendents from preventing the ongoing use of the existing lever system;
• require DoJ officials to not sue or threaten suit if no new voting system is adopted for the May primary;
• declaring that the use of lever machines in the primary provides no basis for DoJ officials to sue or threaten to sue in order to recoup HAVA money; and,
• awarding attorney's fees.