Pennsylvania: State Supreme Court Hears Arguments Over Electronic Voting Machines | The Legal Intelligencer
The state Supreme Court on Wednesday heard arguments as to whether electronic voting machines that do not produce simultaneous paper records of each vote cast violate the Pennsylvania Election Code. The 24 petitioners in the matter, whose case was argued by Michael Daly of Drinker Biddle & Reath, are seeking a declaratory judgment that would direct Carol Aichele, the secretary of the commonwealth of Pennsylvania, to decertify the direct-recording electronic voting systems. Before the justices, Daly contended the direct-recording electronic (DRE) machines do not provide a permanent physical record of each vote cast, as the code mandates. Although the machines can print records on request, Daly explained to the court that neither the printed records nor the electronic records satisfied the code’s requirement. Daly highlighted the petitioners’ argument that the digital records couldn’t be considered physical records since they were software-dependent, and the data could be altered or used for a fraudulent purpose without detection. He added that the machines were “utterly incapable” of verifying that a vote was cast the way the voter intended it to be.