Lawsuit leveled at electronic voting
Group wants voting machines on ballot

Saturday, January 07, 2006
By Jerome L. Sherman, Pittsburgh Post-Gazette

State Sen. Jim Ferlo has joined a group of voting rights activists in a lawsuit aimed at forcing Westmoreland County to seek more public input before it purchases a new generation of touch-screen voting machines for the upcoming May primary election.

The lawsuit, filed yesterday, could have statewide implications. It argues that, under the Pennsylvania Constitution, all 67 counties must let voters pick their preferred model of electronic machines through ballot questions.

"This goes to the issue of having fair and accurate elections," said Mr. Ferlo, D-Highland Park, whose district covers a portion of Westmoreland County. "I really think there are serious concerns about this technology."

But Mark Gesalman, county solicitor, said a four-year-old federal law takes precedence over the state Constitution.

Local governments across the country are scrambling to get machines that meet the requirements of the Help America Vote Act, which came out of the contested 2000 presidential election in Florida.

Last month, commissioners in Westmoreland County approved a resolution to replace aging lever machines with high-tech equipment from Nebraska-based Election Systems and Software Inc. The county expects to receive $3 million in federal aid to cover the cost of 750 iVotronic machines.

County officials have not yet signed a contract.

Mr. Ferlo and his group want all counties to buy machines with paper trails that let voters check their choices. He is a co-sponsor of legislation that would require voting machines to have paper trails. The author of the bill, state Sen Joe Conti, R-Bucks, plans to start holding hearings soon.

The iVotronic could eventually be equipped with a printer.

Yesterday, Common Pleas Judge William J. Ober declined to issue an order blocking Westmoreland County from making its purchase. He called for a second hearing at 9 a.m. Wednesday.

Mr. Gesalman said the county must have new machines in place by the primary election on May 16. That makes it unlikely officials could hold a separate election to pick the machines.

"It would be extremely difficult to meet the HAVA time constraints," he said.

The Pennsylvania Department of State has advised counties that they don't need to hold special elections.

"We think that federal law trumps what's in state law," said Brian McDonald, a department spokesman. "You would not have to put this to a vote."

Westmoreland County is further along than its neighbors in southwestern Pennsylvania, where Allegheny County and eight other counties are in discussions about making a bulk purchase to save money.

"Allegheny County has not signed a contract," said Kevin Evanto, a spokesman for county Chief Executive Dan Onorato. "We're hoping to get things wrapped up relatively soon."

The county is expected to spend about $20 million to replace its 2,800 lever machines.