By Bob Driehaus

A federal judge concerned about long lines on Election Day has ordered officials in Pennsylvania to provide paper ballots to voters in any precinct where half or more of the electronic voting machines have broken.

The Pennsylvania NAACP and others filed the lawsuit last week to compel Pennsylvania’s top election official, Secretary of the Commonwealth Pedro A. Cortés, to relax his directive that no paper ballots be distributed unless all electronic machines in a precinct were broken. Mr. Cortés argued that changing the rules days before the election would create confusion and ballot security risks, but U.S. District Judge Harvey Bartle III ruled Wednesday that poll worker hotlines and other existing procedures should prevent problems. Distributing paper ballots to voters in that circumstance “is compelling to protect their constitutional right to vote, and no state interest has been advanced to reject it,” his ruling said. Mr. Cortés said he would comply with the order.

“We share the plaintiffs’ goal of ensuring that no eligible voter leaves the polls on Election Day without voting due to excessively long lines,” he said.

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FOR IMMEDIATE RELEASE                    COMMONWEALTH OF PENNSYLVANIA


Department Will Work with Counties to Prepare for Election Day

HARRISBURG – Secretary of the Commonwealth Pedro A. Cortés today issued the following response to a federal court’s granting of a preliminary injunction that will require polling places in Pennsylvania counties to provide emergency paper ballots if 50 percent or more of their machines malfunction. Cortés said the department will not appeal the decision.

“We have reviewed the court’s opinion and we will comply with its directive per their interpretation of the state election statute. The department will work with county officials across the state to ensure the uniform application of this decision—that emergency paper ballots only be used when 50 percent of the voting machines malfunction or fail—and that an adequate supply of emergency paper ballots is available.

“That said, we hope emergency paper ballots will not need to be used extensively on Election Day.  Over the past four years, counties have put systems in place to remedy machine issues, including roving technicians and additional substitute voting machines.

 “We share the plaintiffs’ goal of ensuring that no eligible voter leaves the polls on Election Day without voting due to excessively long lines.  In order to try to reduce the potential wait at the polls, the department has worked with counties to implement procedures to improve the sign-in process.  An efficient sign-in process, including the use of split poll books—that is an alphabetical listing of voters from A-M and N-Z—will help move voters through the process faster.   In addition, voters who want to avoid long lines are encouraged to vote mid-day during off-peak hours.

 “Conducting a successful election requires proper training and clear procedures, and with this goal in mind, the department will issue a revised directive instructing the counties on how they should use emergency paper ballots when 50 percent or more of the voting systems malfunction.   The department will work closely with the counties to ensure that the emergency paper ballots are administered in a consistent manner statewide.”