Pennsylvania court allows lawsuit to decertify Northampton County voting machines to move forward | Peter Hall/The Morning Call
A Pennsylvania judge ruled a lawsuit to block the use of electronic voting machines used in Northampton County and elsewhere can move forward. Commonwealth Court Judge Kevin P. Brobson on Monday rejected arguments by the state’s top election official that election security advocates and more than a dozen Pennsylvania voters lacked standing and had failed to make valid claims about the ExpressVote XL voting machines used in Northampton and Philadelphia counties. The National Election Defense Coalition and Citizens for Better Elections filed a petition in January 2020 seeking a preliminary injunction requiring the state to decertify the ExpressVote XL electronic voting system for the primary and general election. It cited information from voters about security concerns and trouble using the machines and a “no confidence” vote by the Northampton County elections board, and said there is “no way to restore voters’ trust in the machines.” Attorney Ron Fein, who represents the petitioners, said his clients look forward to reviewing documents and interviewing potential witnesses in the case. “The court rejected every one of the secretary of state’s arguments,” Fein said. “The plaintiffs look forward to conducting discovery, examining the ExpressVote XL machine and presenting evidence it never should have been certified at trial.” A spokesperson for the Pennsylvania Department of State said it had no comment on the decision. Brobson, who authored the opinion for the three-judge panel, is the Republican candidate for a seat on the state Supreme Court this November.