Banfield v. Cortes

Update

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

In response to sixteen preliminary objections filed by Secretary of State Pedro Cortes arguing that our clients have no legal right to challenge Pennsylvania voting systems, the Commonwealth Court of Pennsylvania ruled in April of 2007 that voters have a constitutional right to secure voting systems, and that they can challenge the use of electronic voting machines lacking a system for voter verification or independent audit.

Also, the Court held that it had the power to order the Pennsylvania Secretary of State to re-examine the DRE systems in question, despite the Secretary’s contention that such an order violated the separation of judicial and executive power.