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NAACP-SCP v. Cortes

(page last updated November 20, 2009 at 10:40 AM)

Case Information

Current Court: U.S. District Court for the Eastern District of Pennsylvania (Case 2:08-cv-05048)
All Courts: U.S. District Court for the Eastern District of Pennsylvania (Case 2:08-cv-05048)
Topic(s): Voting Technology
State: Pennsylvania
Date Filed: October 23, 2008

Issue:

Whether polling locations can be required to distribute emergency paper ballots to voters when 50% or more voting machines become inoperable at a specific location.  Pennsylvania Secretary of the Commonwealth Pedro Cortes has issued a directive requiring that paper ballots be distributed when 100% of the voting machines at a polling location have failed.  The plaintiffs, concerned about long lines due to malfunctioning voting machines, allege that not providing emergency paper ballots in cases where there is less than 100% voting machine failure would violate the constitutional rights of voters. 

Status:

Complaint and Motion for Preliminary Injunction filed on 10/23/08.  Motion for Preliminary Injunction granted on 10/29/08.  Order granting all defendants an extension of time to move, answer or otherwise respond to the complaint until 1/9/09 entered 12/15/08. Motion for Permanent Injunction filed by NAACP on 1/26/09.  Motion for Permanent Injunction Granted 1/28/09.

District Court Documents

• Complaint (filed 10/23/08)
• Motion for Preliminary Injuction (filed 10/23/08)
  • Memorandum in Support of Motion for Preliminary Injunction
  • Proposed Order
• MOTION TO INTERVENE ON BEHALF OF PLFFS', BY JOSEPH B. MAGUIRE, REPUBLICAN PARTY OF PENNSYLVANIA (filed 10/24/08)
• RESPONSE in Opposition regarding MOTION for Preliminary Injunction (filed 10/27/08)
• Declaration regarding Response in Opposition to Motion (filed 10/27/08)
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
• Declaration regarding Response in Opposition to Motion (filed 10/27/08)
  • Exhibit A
  • Exhibit B
  • Exhibit C
• Notice of MOTION HEARING SET FOR 10/28/2008 (filed 10/27/08)
• Minute Entry for proceedings (filed 10/27/08)
• Minute Entry for proceedings (filed 10/27/08)
• REPLY to Response to Motion regarding MOTION for Preliminary Injunction (filed 10/28/08)
• Declaration of Joseph Passarella (filed 10/28/08)
• MEMORANDUM AND ORDER THAT THE MOTION OF PLAINTIFFS FOR A PRELIMINARY INJUNCTION IS GRANTED (filed 10/29/08)
• Letter from Jonathan S. Goldstein dated 10/26/08 regarding certain facts (filed 10/30/08)
• Minute Entry: Motion for Preliminary Injunction Hearing held on 10/28/2008 (filed 10/30/08)
• ORDER THAT JOSEPH B. MAGUIRE'S AND THE REPLUBLICATION PARTY OF PA.'S MOTION TO INTERVENE IS WITHDRAWN (filed 10/30/08)
• Stipulation Extending Time to Answer the complaint (filed 11/7/08)
• Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III: Telephone Conference held on 11/18/08 (entered 11/18/08)
• ORDER granting the application of attorney Celli to practice before the Court (filed 11/20/08)
• ORDER granting the application of attorney Abady to practice before the Court (filed 11/20/08)
• Notice of Filing of Official Transcript for hearing held on 10/28/08 (filed 12/4/08)
• STIPULATION AND ORDER THAT ALL DEFTS SHALL HAVE AN EXTENSIONOF TIME TO MOVE, ANSWER, OR OTHERWISE RESPOND TO THE COMPLAINT UNITL 1/9/09 (entered 12/15/08)
• Motion for Permanent Injunction filed by NAACP (filed 1/26/09)
• Plaintiff's Motion for Permanent Injunction is GRANTED (filed 1/28/09)

Related Links

• Coalition of Voters and Civil Rights Groups File Federal Lawsuit in Pennsylvania Seeking Emergency Paper Ballots (10/23/08)

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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