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Litigation

 

Banfield v. Aichele

Case Information

Date Filed: August 15, 2006
State: Pennsylvania
Issue: Voting Technology
Current Court: Pennsylvania Supreme Court (Case No. 83 MAP 2013)

Issue:

Whether Pennsylvania’s use of DREs (direct recording electronic voting machines) violates Pennsylvania or federal law; whether the Secretary of the Commonwealth is required to re-examine the electronic voting system at request of electors.

Status:

Motions for Summary Judgment filed 8/8/11 by both Petitioner and Respondent. Opinion denying petitioners' motion for partial summary judgment issued 8/29/12. Status Conference scheduled for 1/29/13. Counts 1, 4, 5, and 6 dismissed on 1/29/13. Memorandum and opinion filed 10/1/13. Notice of Appeal filed 10/11/13. Notice of Judgment in favor of respondent filed 10/15/14. Appellant's Brief filed in Supreme Court on 1/6/14. Appellee's Brief filed 2/10/14. Appellant's Reply Brief filed 2/24/14.

Pennsylvania Supreme Court Documents

  • Petition for Permission to Appeal (filed 5/10/07) [Not available]
  • Brief in Opposition (filed 5/24/07) [Not available]
  • Order Denying Permission to Appeal PDF (filed 12/16/07)
  • Appellant's Brief PDF (filed 1/6/14)
  • Appellee's Brief PDF (filed 2/10/14)
  • Appellant's Reply Brief PDF (filed 2/24/14)
  • Order Granting Application for Nunc Pro Tunc Relief (filed 6/16/14)
  • Rutgers School of Law Amicus Curiae Brief (filed 6/27/14)
  • Appellee's Reply Brief to Amicus Curiae Brief (filed 7/7/14)

Commonwealth Court Documents

Related Links

Related News Articles

Commentary

Daniel P. Tokaji

What's the Matter with Kobach?

Daniel P. Tokaji

By "Kobach," I mean the Kobach v. EAC case in which the Tenth Circuit heard oral argument Monday – rather than its lead plaintiff, Kansas’ controversial Secretary of State Kris Kobach, who argued the position of his state and the State of Arizona. This post discusses what’s at issue in the case, where the district court went wrong, and what the Tenth Circuit should do.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

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