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- ORDER THAT JOSEPH B. MAGUIRE'S AND THE REPLUBLICATION PARTY OF PA.'S MOTION TO INTERVENE IS WITHDRAWN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
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
Edward B. Foley
A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
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