Last Updated: September 10, 2010 at 1:39 PM
NAACP-SCP v. Cortes
Case Information
Date Filed / Ended: October 23, 2008 / January 28, 2009
State: Pennsylvania
Issue: Voting Technology
Courts that Heard this Case: U.S. District Court for the Eastern District of Pennsylvania (Case 2:08-cv-05048)
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 Injunction (filed 10/23/08)
- 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)
- Declaration regarding Response in Opposition to Motion (filed 10/27/08)
- 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- ORDER THAT JOSEPH B. MAGUIRE'S AND THE REPLUBLICATION PARTY OF PA.'S MOTION TO INTERVENE IS WITHDRAWN (filed 10/30/08)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)
Commentary
A Poster Child for Dysfunctional Districting
Daniel P. Tokaji
Fifty years ago next month, the U.S. Supreme Court decided Baker v. Carr (1962), inaugurating the “reapportionment revolution” which led to the redrawing of legislative districts across the country. This milestone provides the opportunity to reflect not only on what has been accomplished, but also on what still needs to be done.
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