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)
  • 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)