Pennsylvania: Supreme Court to decide if state congressional district map is a partisan gerrymander | WHYY

Pennsylvania’s congressional district map is often considered one of the most gerrymandered in the United States, but is it unconstitutional? And if so, how do you fix it? Those are the central questions the Pennsylvania Supreme Court will weigh when hearing oral arguments on Wednesday in a lawsuit that has the potential to change the state’s political landscape. The case was initiated by 18 voters, all Democrats, and the League of Women Voters of Pennsylvania. Plaintiffs claim Republican lawmakers, who drew the congressional map, violated their state constitutional rights, and are requesting the court to order the state legislature to draw a new map before the primary elections in May. Each of Pennsylvania’s 18 congressional seats are up for grabs in the 2018-midterm elections.

Pennsylvania: Judges rule Pennsylvania can keep congressional map | Associated Press

Pennsylvania can keep its congressional map, a judicial panel in Philadelphia ruled Wednesday, rejecting an argument from a group of Democratic voters who contended it should be thrown out because the state lawmakers who created the map in 2011 gerrymandered it to help Republicans. The court cast aside the argument that districts should not consider politics, saying partisanship is part of the system. “The task of prescribing election regulations was given, in the first instance, to political actors who make decisions for political reasons,” Circuit Court Judge D. Brooks Smith wrote in the majority opinion in the case. “Plaintiffs ignore this reality.” The ruling came a day after a court threw out North Carolina’s congressional map, finding it went too far to help Republicans.

Pennsylvania: Judge Says Pennsylvania Election Districts Give Republicans an Edge, but Are Not Illegal | The New York Times

A Pennsylvania judge said Friday the state’s Congressional districts were drawn to give Republicans an advantage, but they did not violate the state Constitution, ruling in a high-profile gerrymandering case with the potential to have major consequences on the 2018 midterm elections. Judge P. Kevin Brobson of Commonwealth Court in Harrisburg noted that Republicans hold 13 out of 18 Congressional seats in Pennsylvania, a perennial swing state that has one of the most extensively gerrymandered maps in the country. Nonetheless, the judge said that Democrats who brought suit had failed to articulate a legal “standard” for creating nonpartisan maps.

Pennsylvania: Debate over ‘wasted’ votes dominates third day of state redistricting trial | WHYY

The plaintiffs’ argument in the state lawsuit over Pennsylvania’s congressional district map hinges on whether they can prove the state legislature designed a map meant to dilute Democratic votes. Much of the trial’s third day was spent by plaintiffs trying to quantify the map’s alleged partisan advantages by looking at decades of data, spurring a debate about how many votes are “wasted” because of the way congressional boundary lines were drawn. Say you have five congressional districts each with 100 voters. Democrats win two by wide margins, and Republicans win three in tight races. That’s what redistricting experts would call a map with an “efficiency gap” designed to advantage Republicans by wasting votes for Democrats.

Pennsylvania: Expert sees partisanship in Pennsylvania congressional maps | Associated Press

A political scientist serving as an expert for voters challenging Pennsylvania’s congressional districts testified Monday that “extreme partisan intent” by Republicans appears to have been the predominant factor in producing a map that has disproportionately favored GOP candidates. University of Michigan professor Jowei Chen said during the first day of a Commonwealth Court hearing over the 2011 maps that none of the hundreds of computer simulations he has run has produced a map so favorable to Republicans. In recent elections, Republicans have had a durable 13-5 advantage among the congressional delegation, and the lawsuit claims the maps are so partisan they violate the state constitution. “Whichever way you slice and dice the data, the enacted plan is a 13-5 Republican plan,” Chen said.

Pennsylvania: Lawsuit challenging congressional map begins state court | WHYY

Testimony in a fast-tracked lawsuit alleging gerrymandering got underway in Pa. Commonwealth Court Monday. The case could force a new state congressional map before the 2018 midterm election. Eighteen registered Democrats — one from each congressional district — claim Pennsylvania’s map was drawn unfairly by state GOP leaders to advantage Republicans. Congressional maps have to follow certain rules, such as distributing equal numbers of voters between districts. Advocates for fairer congressional maps say it’s also a best practice to avoid dividing counties and municipalities when drawing district boundary lines.

Pennsylvania: Second gerrymandering challenge heads to trial today | WITF

By some measures, Pennsylvania’s Congressional districts are among the most gerrymandered in the nation.
But the resulting district maps are being challenged, and one case is slated to begin today in Commonwealth Court. The League of Women Voters is bringing the lawsuit on behalf of registered voters from all over the state.
They’re accusing Republicans of intentionally designing districts so that Democrats’ votes are diluted, which they argue is a violation of the state constitution’s equal protection clause. They are calling for a new map.

Pennsylvania: Compelling closing arguments bring federal trial over gerrymandering to an end | WHYY

The federal trial over Pennsylvania’s congressional district map wrapped up in a Philadelphia courtroom on Thursday with a string of stirring closing arguments before a three-judge panel. During four days of deliberations, a group of more than 20 Pennsylvania voters challenged the way Republican lawmakers drew the state’s congressional districts in 2011, asserting a gerrymandering scheme that violates the U.S. Constitution. If the voters are successful, they could trigger a new congressional map impacting the 2018 midterm elections when all 18 of Pennsylvania’s seats in the U.S. House of Representative could be contested.

Pennsylvania: York County details lack of internal controls in post-election report to state | York Dispatch

York County’s voting machine programming error was the result of a failure to establish and execute proper internal controls, according to a post-election report submitted to the state. A technical oversight by the county’s elections department allowed a single voter to cast multiple votes for a single candidate during the Nov. 7 general election in certain races where more than one candidate was elected. The Pennsylvania Department of State directed the county to review and explain the issue to them, which county solicitor Glenn Smith did in a report submitted Nov. 27.

Pennsylvania: York County plans changes to election process after confusion at the polls | WITF

A month after Election Day, it’s still not completely clear why York County incorrectly programmed more than 600 voting machines – risking the integrity of nearly 60,000 ballots. But a post-mortem report demanded by the Pennsylvania Department of State shed some light on how the mistake occurred and what might prevent it going forward. The Department of State isn’t going to respond to the county’s report and self-assessment, nor comment on it, according to a spokeswoman, beyond its emailed. But it did release the post-mortem report submitted last week by York County. One challenge averted, but do others await?

Pennsylvania: Voters testify in gerrymandering trial in federal court | WHYY

On the second day of trial in a federal case over partisan gerrymandering and the constitutionality of Pennsylvania’s congressional district map, seven voters named as plaintiffs in the case testified that they believe their vote doesn’t count. They’re calling for a new map in time for the 2018 midterm election, when all 18 of Pennsylvania’s congressional seats are up for grabs. Louis Agre, 63, a leader in Philadelphia’s Democratic party, complained that elections aren’t competitive enough in the 2nd congressional district.

Pennsylvania: Lawyer: ‘Voter-proof’ state congressional map favors the GOP | Associated Press

A lawyer for a group of Democratic voters in Pennsylvania told a federal court Monday that it should throw out the state’s congressional district map favoring Republican candidates because it was created to be “voter-proof.” Thomas Geoghehan noted that Pennsylvania is a swing state that supported both Barack Obama and Donald Trump for president. Control of power in the state has been topsy-turvy, alternating the party of governors, for instance, and electing U.S. senators from opposing parties. Under the previous map, congressional representation changed from election to election. But since 2012, Republicans have won 13 of the state’s 18 districts in each election — even in 2012, when more votes were cast for Democrats than Republicans in House races statewide.

Pennsylvania: Pennsylvania case takes new approach to redistricting rules | Associated Press

Judges have been asked repeatedly to decide whether the lawmakers in charge of drawing congressional district lines have gone too far to favour their parties. A group of Democratic voters from Pennsylvania is approaching the issue in a different way, asserting it’s wrong for the congressional map to be made to boost one party — at all. The case is scheduled to be tried starting this week before a three-judge federal panel. The potential fallout is immense in a state where Republicans have consistently controlled 13 of 18 congressional seats even though statewide votes for congressional candidates are usually divided nearly evenly between Republicans and Democrats. A victory for the plaintiffs could mean a quick redrawing of districts before the 2018 midterm elections and could establish new rules for how congressional districts are remade after the 2020 census.

Pennsylvania: State case takes new approach to redistricting rules | Associated Press

Judges have been asked repeatedly to decide whether the lawmakers in charge of drawing congressional district lines have gone too far to favor their parties. A group of Democratic voters from Pennsylvania is approaching the issue in a different way, asserting it’s wrong for the congressional map to be made to boost one party – at all. The case is scheduled to be tried starting this week before a three-judge federal panel. The potential fallout is immense in a state where Republicans have consistently controlled 13 of 18 congressional seats even though statewide votes for congressional candidates are usually divided nearly evenly between Republicans and Democrats. A victory for the plaintiffs could mean a quick redrawing of districts before the 2018 midterm elections and could establish new rules for how congressional districts are remade after the 2020 census.

Pennsylvania: York County officials say overvotes didn’t affect election results, but numbers tell different story | York Dispatch

York County officials announced their determination that a technical oversight with voting machines didn’t affect the outcome of Nov. 7 election results, but the numbers in one race indicate a possible impact. York County’s Board of Elections voted unanimously to approve the preliminary certification of the election results during its meeting Monday, Nov. 20. County election staff discovered the oversight the afternoon before Election Day that allowed a single voter to cast multiple votes for a single candidate in races where more than one candidate was elected. On Nov. 13, about 20 volunteers — all county employees — spent about five hours counting all the instances where a single voter cast two votes for the same candidate — referred to as an “overvote.”

Pennsylvania: More than 2,900 double votes found in York County recount | WITF

More than 2,900 double votes were cast during municipal elections in York County due to a voting machine programming error. County officials said at first that the issue did not appear to affect the outcome of any races. But if vote tallies provided by the county are correct, the West York Borough Council contest might have been impacted. West York Councilwoman Shelley Metzler finished fifth of six candidates vying for four seats. But she might have placed fourth – and secured another term – if she had received enough of the 32 “over votes” cast in the council race, a closer review by WITF/Keystone Crossroads found.

Pennsylvania: Former election czar was fired, records show | Philadelphia Inquirer

The former head of the Pennsylvania Department of State didn’t resign on his own but appears to have been ousted by Gov. Wolf, according to newly released documents. In an email he wrote to the governor on the day of his Oct. 11 resignation, Pedro Cortes indicated he didn’t know why he was being forced from office. “I have done a great deal of soul searching in the last 24 hours,” Cortes wrote. “I remain at a lost [sic] to understand why you would dispense with my services without sharing with me concerns you had about my professional performance or personal life.” “Wished I had that opportunity,” Cortes wrote. 

Pennsylvania: Redistricting reform plan stalled in committee | The Morning Call

In spite of a growing bipartisan citizens’ movement across Pennsylvania for redistricting reform to end gerrymandering, House Bill 722 is stalled in committee. As the majority chairman of the House State Government Committee, Rep. Metcalfe is the only person who can move this bill forward. We are urging him to schedule HB 722 for action. A call to his office to find out why he has not moved on a bill that will restore integrity to our election process so that every person’s vote counts has gone unanswered.

Pennsylvania: York County election recount begins as commissioners face scrutiny | York Dispatch

A recount that could help determine the winners of eight York County elections began Monday, Nov. 13, after an election board meeting where numerous residents scrutinized the county’s Election Day decisions. County election staff discovered a technical oversight the afternoon before Election Day that allowed a single voter to cast multiple votes for a single candidate in races where more than one candidate was elected. The oversight, which was the result of a programming error by county staff, potentially impacted eight contested races, including the York County Court of Common Pleas judges race. About 20 volunteers, all county employees, began counting votes in those races Monday morning in the basement of the county’s administrative building, looking for instances where a single voter cast two votes for the same candidate. Those instances will be referred to as an “overvote” for that candidate, according to Nikki Suchanic, director of the county’s election department.

Pennsylvania: Election director: Luzerne County voting machines showing their age | Times Leader

While they weren’t catastrophic, a few problems in last week’s election revealed Luzerne County’s voting machines are starting to show their age, county Election Director Marisa Crispell said. The county started using touch-screen electronic voting machines in the 2006 primary, or 11 years ago. “Technology is constantly moving forward,” Crispell said. “Many people change phones every two years and regularly update their laptops. These machines are no different.” One example she cited: The touch-screen capabilities froze on a few machines in the election last Tuesday. After officials verified no votes were cast on the machines, they were taken out of service, Crispell said. In Larksville, a back-up retrieval device had to be used to collect election data from voting machines because the device normally used to load ballots and extract results — called a personal election ballot, or PEB — failed, Crispell said. Result tallies for several machines also had to be printed at the county election bureau, as opposed to polling places, because a few hand-held printers were not working properly, she said.

Pennsylvania: Why Pennsylvania is home to some of the nation’s worst gerrymanders | WHYY

In most states, the legislature is in charge of designing Congressional and state voting districts.
Pennsylvania isn’t unique in that respect. But some say the commonwealth is home to some of the nation’s starkest examples of gerrymandering — where the shape of a voting district is manipulated to produce the outcome desired by the party in charge. The term is over 200 years old. It was coined by a Boston newspaper’s coverage of maps produced in Massachusetts in 1812 during the term of Gov. Elbridge Gerry, which featured a salamander-shaped district loosely coiled around Boston.

Pennsylvania: In case that could affect 2018 elections, high court rules gerrymandering suit can proceed | Philadelphia Inquirer

In a case that could force the redrawing of congressional maps before the 2018 elections, the Pennsylvania Supreme Court Thursday ordered the Commonwealth Court to decide a gerrymandering lawsuit by the end of the year. “We will have our day in court, and we will get a decision and a resolution of this matter in time for the 2018 election,” said Mimi McKenzie, the legal director of Philadelphia-based Public Interest Law Center, which represents the League of Women Voters of Pennsylvania in the case. If the districts are, in fact, redrawn before next year’s midterm elections, the result could have national implications. New districts could give Democrats a boost in competitive, Republican-held districts just outside Philadelphia as they push to take control of the U.S. House. “It’s something that has broad national implications,” said Michael Li, senior redistrict counsel for the Brennan Center for Justice at New York University.

Pennsylvania: York County still scrambling to resolve races impacted by voting machine error | York Dispatch

Sandra Thompson said she’s still in “wait-and-see” mode when in comes to any potential next steps for her candidacy for York County Court of Common Pleas judge. The local attorney and York NAACP chapter president unofficially finished on the outside looking in at three judge vacancies after the municipal election Tuesday, Nov. 7, but a technical oversight with the county voting machines has left her and other candidates unsure of the results. The oversight, discovered Monday afternoon, allowed a single voter to cast multiple votes for a single candidate in races where more than one candidate is elected.

Pennsylvania: Voting machine problems: What are York County’s options? | York Daily Record

The York County voting machine programming error that allowed voters to vote twice in some races for the same candidate on Tuesday — once on the Republican ballot and once on the Democratic ballot — has left some office seekers in limbo. The county election board is to meet next week on that matter, and at this time it’s not clear what options the county may have to resolve the issue. The problem was limited to certain races where candidates cross-filed and appeared on both ballots, including the four-candidate judicial race for the York County Court of Common Pleas. The error did not affect the race for York mayor. Although the county is looking to the Pennsylvania Department of State for legal guidance, county spokesman Mark Walters said Wednesday that the problem is the county’s, and the county’s alone. The Department of State, which oversees state level elections, “doesn’t have a lot of authority over county elections,” a state department spokesman said. It is each county’s responsibility to purchase, program and test voting machines.

Pennsylvania: Election day issues reported in several counties | PennLive

Several voting-related issues have cropped up in several central Pennsylvania counties today. York County has discovered a technical oversight with election machines, which allows a single voter to vote more than once for certain candidates, said Mark Walters, county spokesman. And in Dauphin County, a judge ordered deputies to seize raffle tickets that reportedly offered an iPhone X for votes in the Harrisburg mayor’s race. Voter turnout in Dauphin County has been light so far, according to Jerry Feaser, county elections director. No unusual voting machine issues were reported. In York County, the technical issue impacts candidates who appear twice in a single race where more than one candidate is elected.

Pennsylvania: U.S. Supreme Court: Lawsuit challenging Pennsylvania’s Congressional redistricting can proceed | Associated Press

The U.S. Supreme Court has declined to put on ice a federal lawsuit challenging Pennsylvania’s congressional districts approved after the 2010 census. Justice Samuel Alito on Friday rejected the requested stay of the lawsuit by five Pennsylvania voters against the governor and elections officials, a court official said Saturday. Republican leaders in Pennsylvania’s General Assembly had said in the request that a trial in the case could occur in about a month, as the justices are considering a Wisconsin gerrymandering case with what they call “substantively identical claims.”

Pennsylvania: GOP leaders seek stay of redistricting lawsuit | Associated Press

Republican leaders in Pennsylvania’s General Assembly on Wednesday asked the U.S. Supreme Court to put on ice a federal lawsuit challenging the state’s congressional districts approved after the 2010 census. House Speaker Mike Turzai and Senate President Pro Tempore Joe Scarnati asked Justice Samuel Alito in a filing for a stay of the lawsuit by five Pennsylvania voters against the governor and elections officials. The request said a trial in the case could occur in about a month, as the justices are considering a Wisconsin gerrymandering case with what they call “substantively identical claims.” A lawyer for the plaintiffs said Wednesday they oppose the request to Alito and said they were prepared to respond.

Pennsylvania: Effort to address Allegheny County voting machine vulnerabilities faces hurdles | Pittsburgh Post-Gazette

A grassroots effort to examine — and likely replace — Allegheny County’s voting machines has itself been struggling for lack of a vote. Its latest challenge came Friday morning in the courtroom of Allegheny County Common Pleas Judge Joseph James. At issue is a 16-page proposal to establish a “voting process review commission,” which would study the county’s electronic voting machines and recommend replacements. Under the measure, supported by the League of Women Voters and VoteAllegheny, voters would have to approve a referendum to pay for any new equipment. Activists fear that electronic touch-screen machines like those used in Allegheny County are susceptible to hacking — and that because those machines do not produce a hard copy of votes cast, there may be no way to get a reliable tally of votes.

Pennsylvania: Gerrymandering: Advocates ask State Supreme Court to use rare power | Philadelphia Inquirer

Advocates are trying to fast-forward court action on changing Pennsylvania’s congressional map — considered among the most distorted in the nation — before the important 2018 elections. A state judge overseeing a suit by the League of Women Voters of Pennsylvania wants to hold off any action pending a U.S. Supreme Court ruling in a similar case out of Wisconsin, but the league is asking the state high court to fast-track the case. In a hearing earlier this month, Commonwealth Court Judge Dan Pelligrini made clear he did not see the case being decided before the 2018 elections, saying, “I can tell you it isn’t going to happen.” On Monday he ordered a stay in the league’s suit. “The idea that we would have yet another election that takes place under a map that violates people’s constitutional rights to vote, that’s not acceptable,” Mimi McKenzie, legal director at the Philadelphia-based Public Interest Law Center, which is representing the league, said Thursday.