Last August, the Secretary of the Commonwealth of Pennsylvania was served with a legal action that seeks to prevent the use by 57 counties of direct recording electronic voting machines that allegedly do not create a permanent record of each vote. The action specifically asks the court to direct the secretary to decertify seven systems and to "declare that the use of various auditable and non-auditable voting systems in Pennsylvania violates the uniformity provisions of the Pennsylvania Constitution." The lawsuit claims the certification of the systems violates the Pennsylvania Election Code, as well as the Pennsylvania Constitution.
In response to this action, the commonwealth filed a preliminary objection asking the court to end the lawsuit because it failed to have any basis under existing law. On April 12 the court overruled those objections, allowing the case to move forward.
Pennsylvania Secretary of the Commonwealth Pedro A. Cort