Judge’s decision could stop HAVA in PA

Appeal sent to PA Supreme Court

By TOM KANE

MILFORD, PA — A local Commonwealth Court has thrown a monkey wrench into the workings of the Help America Vote Act (HAVA) machine that requires counties to switch from lever voting machines to electronic machines by the May 15 primaries.

The court in Westmoreland County ruled on Monday, February 13 that a requirement of the state constitution to hold a referendum before a switch to electronic voting system is not superseded by the requirements of HAVA. The ruling means that in order to use the new electronic machines for state elections, Westmoreland County must hold a referendum.

The Department of State (DOS) immediately appealed the decision to the Pennsylvania Supreme Court.

“In 2003, DOS issued a legal opinion that the federal law supersedes the constitution’s requirement and that counties could procede without a referendum,” said Douglas Hill, Executive Director of the County Commissioners Association of Pennsylvania (CCAP). “The Commonwealth Court decision is an unreported decision, meaning that it applies just to Westmoreland County, but it serves as a significant cautionary note for all counties similarly situated.”

“If this Westmoreland ruling holds, it could mean that we would hold the state portion of the ballot on lever machines, but use the paper ballot for the federal voting,” said Harry Forbes, chairman of the Pike County Commissioners.

Forbes said that the county could lose its federal funding for conversion to electronic machines. “The HAVA law says that we must have the new machines in place by the May primary,” he said.

“I’m so fed up with this, it’s unreal,” Forbes said. “This is a ridiculous way to get to the last minute of the last hour prior to a primary election, having to train staff and train voters. Nobody in Washington or the state seems to be sympathetic to our plight. This is government at its worst.”

If the supreme court reverses the Westmoreland court, the HAVA requirements stay in effect.

“In the meantime, counties should contact their members of Congress, requesting that, as a delegation, they approach leadership to expedite legislation providing limited relief from the HAVA deadline, based on the need to resolve a conflict between the state constitution and the federal statute,” Hill said. “A copy of the request should be sent to Governor Rendell and state legislators, asking them to make the same request to Congress.”

HAVA has caused considerable anxiety for the commissioners because the state has only approved three electronic machines companies, none of which is the company that the commissioners want to select. Also, Pike County will receive a grant that covers only 50 percent of the costs of the machines.

Anxieties over HAVA extend well beyond the borders of Pennsylvania. Across the river in New York, election officials are predicting that the new electronic voting machines will not be in place in time for the September primary elections as required by law. The U.S. Justice Department has informed state officials that New York may face a lawsuit because of a lack of compliance with HAVA.