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WESTMORELAND COUNTY VOTERS SUE FOR RIGHT TO CHOOSE THEIR VOTING SYSTEM

January 6 -- Ten Westmoreland County Voters, along with State Senator Jim Ferlo, filed suit in Westmoreland County Court today based on the failure of Wetmoreland County to hold a referendum allowing voters to decide whether or not to accept new electronic voting machines. The Pennsylvania Constitution and and the PA Election Code provide that electors have the right to make this decision at the ballot box prior to moving to electronic voting.

In addition to Senator Ferlo, who represents part of Westmoreland County, plaintiffs include other elected officials and regular voters of four political parties. The citizens are being represented by attorney Charles Pascal, Jr. of Leechburg PA.

Majority Inspector of Elections Marybeth Kuznik, a plaintiff, said that it is important the voters receive the protections guaranteed them by the Pennsylvania Constitution. "The citizens should have the right to choose how we vote in our state. We need the most open, auditable, and acccurate voting sytems, or our democracy is done for."

The Westmoreland County Commisioners voted unanimously at their December 29 meeting to buy paperless iVotronic touchscreen machines from The ES&S company of Nebraska using funds that include money provided by the Help America Vote Act. County solicitors stated that they believe that the four year-old federal Help America Vote Act has the power to override the Pennsylvania State Constitution, and were told to ignore the referendum requirement by the Pennsylvania Department of State. A preliminary hearing is scheduled for Wednesday morning January 11 at 9 AM.

READ COMPLAINT HERE

http://pittsburghlive.com/x/tribune-review/trib/westmoreland/s_411247.html
http://www.post-gazette.com/pg/06007/634104.stm