Case 2:06-cv-00481-GLL Document 70-8 Filed 04/25/2006 Page ... · Case 2:06-cv-00481-GLL Document 70-8 Filed 04/25/2006 Page 2 of 21. JAN-06-86 11 .31 AM ELECTION OFFICE 17242303152

Case 2:06-cv-00481-GLL Document 70-8 Filed 04/25/2006 Page 1 of 21

J A N -06- 0 6 11 : 38 AM ELE CTION O FF I CE 1 72 4 ^0 3 0 31 52 P_0 3

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IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANYACIVIL DIVISIO N

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. MARY BETH KUZNIK, JIM FERLO,SALLIE W . BRADLEY, MERLE L ,ICUzNIK , TIMOTHY KRUPAR ,:IEFFRFY HAILS, and JOHN

• ~, . Plaint iffs ,

v .

WESTMORELAND COUNTY80ARD .OF COMMISSIONERS andWESTMORELAND COUNTYBOARD OF ELECTIONS ,

Defendants.

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MOTION FORPRELIMINARY INJUNCTION

Filed on behalf of-Plaintiffs

Counsel of Record for this Pa rty :

Charle s A . Pascal , Jr., EsquirePa, I.D. #90872

123 Siberian AvenueLeechburg, Pennsylvania 15656724-845-8340412-855-6598

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W 'ME COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PPNNSYLVAN~A10 ,~ CIVIL DIVISION

MARY 13ETH KUZNIK, JIM FERLO ,SALLIE W. BRADLEY, MERLE L .KVZNIK, CLARE VAILL,TIMOTJ IY KRUPAR, WILLIAM P .KUZNIYC, JEFFREY HAILS, JOHN W. No.H,ETLER, CHARLENE MA EHITLER and MA TTHEW HETLER

Plaintiffs,

V . ~ .

WESTMORELAND COUNTYBOARD OF COMMISSIONERS andWESTMORELAND COUNTYBOARD OF ELECTIONS,

Defendants .

MOTION FOR PRELIMINARY INJTJN~TIUN

AND NOW, come the Plaintiffs, by and through their atto rney, Charles A . Pascal, Jr.,

Esquire, and pursuant to Pa .R.C.P. 1531, request that th i s Honorable Court issue a Preliminary of

y r,Special Injunction in the above-captioned matter, and schedule a hearing on the continuance of Said

injunction, and in suppo rt thereof, aver as follows : ~. .;,;.

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1 . Plaintiffs have filed an Action for Declarato ry Judgment and Complaint in Equity,

true and correct copy of which is attached hereto as Exhibit A .

2. The underlying Complaint seeks to enjoin the actions of the Defendants to enter i 0 to; , .

it contract w ith Election Systems and So ftware, Inc . until the Defendants comply with th e.. a .

requirements of the Constitution of the Commonwealth of Pennsylvan ia and the Pennsylvani a

Election Code .

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JA N -06 -0 6 11 : 32 AM E L E CTION O F F I C E P - 85

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3, The averments contained in said pleading indicate a situation whereby Plaintiff~, ~s6:1

e lectom and taxpayersers of the County of Westmoreland, Cand/or as persons who have takers an oath tof e l .; . . l~ ~

uphold the constitution, will suffer immediate, continuous and irreparable injury and harm unles Is1 1

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Defendants are immediately enjoined from entering and/or implementing a contract with E]ectio ~

Systems and Software Inc . to purchase electronic voting machines in a manner which is inconsi~~e n

with the requirements of the Pennsylvania Constitution and the Election Code .

4. The Plaintiffs a llege immediate, continuous and irreparable inju ry and harm wil lqr .

`11'111i' occw to both their Constitutional and pecuniary interests, as outlined in the with in Cgn~pla~nt ; ir~

summary, the Plaintiffs will suffer the loss of their fundamental voting ri ghts to wit, as elector s

responsive pleadings, Plaintiffs respectfully request that this Honorable Court not require Plaintiff' s

vote on the implementation of the electronic voting system, and the illegal expenditure of their t~x

dollars; should the Defendants be permitted to expend public funds for the purpo se of purchasi n

the electronic voting system mach i nes without affording the electors of Westmoreland County & f r

ri ght of suffrage on the question of autho rization of such a system .~r .tir

5 . Plaintiffs have no adequate remedy at law ,

6 . As Plaintiffs seek only to maintain and preserve the status quo until this matter is ,

ultimately decided by the Cou rt , and in light of the fact that this matter involves only legal issue a h„~~~~ryeùi_

srid thereby may be expeditiously scheduled for hearing on the me rits following the filing of

to post a bond in the matter of this Preliminary Injunction.

,`~, WHEREFORE, Plaintiffs respectfully request that this Honorable Cou rt grant their reyuat

:for a Preliminary or Special Injunction, and schedule a hea ring on the cont inuance of said , injun tionY J,. ~ Ai r

within five (5) days or as soon thereafter as the Court may direc t .

4 :.

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J AN -06 - 86 11 : 33 AM ELE C TI O N O FFI CE 1 72 4 5 30 3 1 52 P . 06

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Respectfully subm itted ,

Charles A . Pascal , Jr., Es q'ifirrePa. I .D . i#90872

123 Siberian AvenueLeechburg, PA 15656724-845-8340412-855-659 8

Attorney for Pladnt sI, : . iF filth

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JAN-06-06 11 :34 AM ELECTION OFFICE 1724^0303152 P .07rl}u _ ...

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IN . THE COURT OF COMMON PLEAS OF WES TMORELAND COUNTY , PENNSYLVANIA

CIVIL DIVISIONti~r r

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GARY gETH KUZNIK, JIM FERLO,~c .', . .

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Y h d" ,K'C,JZN*C ARE VAILL, MERLE L .

KRUPAR , WILLIAM P .I .JEFFREY HAILS, JOHN W. No

HtTLE CHARLENE MAEHtTLE~i and MATTHEW HETLER • ' `'~fy

~;tf Plaintffs,

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'WESTMORELAND COUNTYBOARD OF COMMISSIONERS andWESTMORELAND COUNT Y

°' ~I<{< BOARD OF ELECTIONS ,Defendants, rr

ORDER OF COV

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ANID NOW, this day of 2006 , upon

consideration of the Plaintiffs ' ex -parts Motion for Pre l imina ry Injunct ion, and it appearing to ,,

Court that Plaintiffs will susta in immediate and irreparable inju ry before notice may be given to he2? , • I ,hr

Defendants and a hearing held, it is hereby ORDERED, ADJUDGED and DECREED that the

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Plaintiffs' Motion for Preliminary Injunction is GRANTED . The Defendants are hereby e»join

from implementing the provis ions of any contract with Election Systems and So ftware Inc . for the

4 purchase of electronic voting machines or systems , and from expending any funds for said pwp~9o,

No bond shall be required from P l aintiffs at thi s t ime . It is further ORDERED that a hea ring onth~ 't. Fv,

1I issue of the continuance of this injunction sha ll be held on the day of January, 2006, at ~i y ~ N ,, o(f

~;~p's "*,,-"„--`- ----• M., in Courtroom No . , Westmoreland County Courthouse ,~V g ~+ r~ t ~ f

BY THE COURT :

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JAN-86-06 11 :35 AM ELECTION OFFICE 1242303152 P_aS_ . . i

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N THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PErTr1SYLVAN~CIVIL DIVISIO

N MARY BETHI{UZNiK, JIM FER 'LO ,SALLIE W : BRADLEY , MERLE L .K~ ,)ZNIK~ CLARE VAILL,twt~Y KRUPAR , WILLIAM P .

JEFFREY HAILS , JOHN W . No .CHARLENE MAE

H~TLER end MATTHEW HET LERPlaintiffs,

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WESTMORELAND COUNTYBOARD OF COMMISSIONERS andWESTMQRELAND COUNTYWARD OF ELECTIONS ,

,, . Defendants .ACTION FOR DECLARATORY

ti (~ JUDGMENT AND~y .... ' . . ~ ' . '. ~ '~ ...nCOMPLAINT IN EQUITY

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Filed on behalf of:Pla intiffs

Counsel of Record for this Par ty :

Ch arles A . Pe pcal , ~r ., IqquirePa . Y .D. #90872

123 Siberian AvenuqLeechbuzg, Pennsylvania 15656724-845-$3404] 2-SSS-6598

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JAN-06-86 11 :6 AM ELECTION OFFICE 17242303152 P .09

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N TM COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, P ENNSYLVANI

};1 CIVIL DIVISION

,, MARY BETH KUZNIK, JIM FERLO, ,•SALLIB :W . BRADLEY, MERLE L. '' ,• °'~~Jr`KUZNIK , CLARE VA1LL

r~ . ',TIMOTHY KRUPAR , WILLIAM P .: K4 JZNIK; JEFFREY HAILS, JOHN W . No .

wl~HETLER, CHARLENE MA EHETLER and MATTHEW HETLER

Plaintiffs, ~ 8

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WESTMORELAND COUNTY. . . BOARD OF COMMISSIONERS and

WESTMORELAND COUNTY+ ., BOARD OF ELECTIONS,

Defendants,

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WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO

1-CE TO DEFENDNOT; ..,.. .,

You have been sued in court . If you wish to defend against the claims set forth in thefollowing pages, you must take action within twenty (20) days after this complaint and notice ar

sewed, by entering a wri tten appearance personally or by atto rney and fi ling in writing with the

court your defenses or ob j ections to the claims set fo rth against you . You are warn ed that if youto dQ so the case may proceed w ithout you and a judgment maybe entered against you by the Cwithout further notice for any money claimed in the complaint or for any claim or relief r eyu.este~by the Plaintiff. You may lose money or property or other rights important to your .

; YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE . IF YOU DO NOT H AA LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE Y0 ,CAN GET LEGAL HELP. ! . . ~~•;

OFFICE MAY BE ABLE TO PROVIDE YQ~1'OVCA, I~INOT AFFORD A LAWYER, THIS

ELIC3BLE PERSONS AT A REDUCED FEE OR NO FEE .

LAWYER REFERRAL SERVICE . ..WESTMORELAND BAR ASSOCIATION

u r . P . O . BOX 565GREENSBURG , PA 15601

(724) 834-849 0

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M ' COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PiNNS'YLV~NI1, CIVIL DIVISION

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~ATH KUZNIK, 71M FERLO,LEY, MERLE L.

k`Q i~ CLARE VAILL, UPAR, WILLIAM P .

2N JEFFREY HAILS, JOHN W. No. a 'e". . .. }A~Q

~HARLENE MA E

.':,, and MATTHEW HETLERIlk; ~~~~ Plaintiffs,

WESTMORELAND COUNTYBOAS OF COMMISSIONERS andWESTMORELAND COUNTYBOARD OF ELECTIONS ,

Defendants.h .. '

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LARATO DG s ,-MENTN F QR 1.).AND COMPLAINT IN EQUITY

1 : Plaintiffs Mary Beth Kuznik, Sallie W, Bradley, Merle L . Kuznik, Claire Vail] ,}~I

;~ ~~ S Afil yll~ ilk

. ~ .Timothy KruPar William P . Kuznik, Jeffrey Hails and John W. Hetler, Charlene Mae Heller an

MatthbW Heller are all adult individuals, citizens, residents, taxpayers and voters who reside inJI+ I 1~ N ~N\ ~

mv Westmoreland County, Pennsylvania .~t~~~,~~

,. 2 All Plaintiffs listed in the above paragraph assert standing to file this action a

s taxpayers andvoters in Westmoreland County . See, William Penn Parking Garage, Inc., a Cf

Pittsburgh, 464 Pa . 168, 346 A.2d 269 (Pa, 1975) .

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3. Plaintiffs Mary Beth Kuznik, Jim Ferlo, Sallie W . Bradley, Merle L . Kuznik and

Clare Neill also assert standing to file this action as persons who have taken a ; 9 th t'O uphold t~ ~

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JAN-06-06 11 .39 AM ELECTION OFFICE 17242303152 P .

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Co~ist~t~ttion of the Commonwealth of Pennsylvania . See, Lawless v. JubBllrer, 70 A:~d82A (P

~li~wIt$,)~ 'q; 571 Pa. 79, 811 A . 2d 974 (Pa , 2002) .

Plaintiffs Ma ry Beth Kuznik, Merle L . Kuznik and Clare Vaill are ~40ifty Tnspe at

{"` of 904~pAs, Judge of Elections, and Mino ri ty Inspector of Elections, respectively in Pen

n 5W a T,~yvhship, Ward 4, Precinct 2 . Plaintiff Jim Ferlo is a member of the Pennsylvania SenateIII ' .

the 38" ' Senatorial Distr ict, which includes parts of Westmoreland County . Plaintiff

5,llie W Bradley is a School Director in the Pena-Trafford School Dist rict .

S. Defendant Westmoreland County Board of Commissioners is the governing body

- the County of Westmoreland, with offices situate at the Westmoreland County Cou rthouse,

pr. cl ens~urg, Westmor6Iand County, Pennsylvania ,

4f" 6 , Defendatax Westmoreland County Board of Elect i ons is the municipal governmenI~~~~h{

agency which is respon 9ib ) for all matters related to the conduct of elections in Westmoreland

s~yr„ r. County. 2S P.S. 2641, at. seq. The Board's responsibilities include, inter alia, seeking and

ryJ~~~ receiving the assent , of the electors of the county prior to the use of any "electronic voting" sys t

at the polling places within Westmoreland Coun ty . 25 P.S. 3031.2 through 3037.4. isijn^,

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The membership of the Board of Elections consisted of the same three : individual

make up the Board of Comm issioners at all times relevant to this Complaint;.~ .

Plaintiffs believe and thereby aver that on or about December 29, 2005, one or m to•r1'

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Defendants voted to purchase approximately 750 touch-screen iVotronic voting machines . .: .:

(herei: n#Rar "voting system") from Election Systems and So ftware Inc , , by authorizing and

~ ireclirr'g the entrance into a contract with said company to do so .

gig , The voting system being purchased by the Defendants is an "al ec ihiCvbtiol g'' .', .

system, as defined by the Pennsylvania Election Code at 25 P.S. § 3031.1 .

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lff. The Plaintiffs believe, and thereby aver that the voting system purby 'they

es to be conducted within the County ofd primarie sis intended for use at all elections an

1,VVstmo reland, and that the Defendants intend to use the voting system for that pu* sC ' b~g~nnin , , .

0-41e pti election scheduleded to be held in May, 2006 .F~ .

11 . The Constitution of the Commonwealth of Pennsylvania, at A rticle V1I , Section bpi~. ,

mates, in relevant part :

. . . .that the General Assembly sha ll by general law, permit the use of voting

Machines, or other mechanical devices for registering or recording and computing the ! ,,

vote, at all elections or p rima ries, in any county, city, borough, incorporat d town ortownship of the Commonwealth, at the option of the electors of such cor~~t ty, city,

borough, incorporated town or township . . ,under such regulations with roferenca thereto as

the General Assembly may from time to time prescribe . . . . " (emphasis added)

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u ~~ . . The Pennsylvania Election Code further provides for the mechanisms for1~ .

implementation of the ~~~d Constitutional provision at 25 P.S. §§ 3031.2 through _ 3031.4.

1 3, Said statuto ry scheme requires that the Board of Elections of a county must subm t a

"'' : question to the voters at , any p rimary or election asking "shall an electronic voting system be us „ kt

the polling places in the ,(county or municipality) of ?", and that such quest' on be approve by

~the vQt0j , prior to use of said electronic voting system by the board of elections and the county.

14. ., Plaintiffs believe and thereby aver that to commit public funds to the purchase of~,,; .. . .

electronic voting system machines, and/or to enter a contract to do so, evidences or otherwise: . :

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shows an intent on the part of the Defendants to use said machines for their intended purpose .

15. Therefore, to commit public funds to the purchase of electronic voting syste m

#achirYcs, and/or to enter a contract to do so, prior to approval of the same by the voters is in

violation of the Constitution of the Commonwealth of Pennsylvania and the P sylvan%a Elect3 .0

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1 6, The Plaintiffs are aggrieved by the action of the Defendants, and the ~le int~ffs a5se~'fM~ .:r ... i . . .

~;'°F interest in this matter which is substantial, direct and immediate, and which is both peedWary. ., , .

~d *t1ich .affects their fundamental, Constitutionally protected vot i ng rights .

1: 7, The plaintiffs have a pecuniary interest in that they seek to prevent waste and the

11 ~4,9al expenditure of public funds ; that is, the Plaintiffs seek to prevent the expenditure large

srxics'~

rit g o f Federal and/or state funds and local tax dollars in an illegal and unconstitutional m er

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~iC purchase of voting machines without the Constitutionally and statutori ly required approv

of the electors of Westmorland County.. t ;

!'~f COUNVIOLATION OF ARTICLE VII, SECTION 6 OF TH E

CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANI A

18 . The plaintiffs hereby incorporate paragraphs l through 1 7 inclusive, at if fully s

forth herein .

,19. As previously indicated , Art icle VII, Section 6 of the Pennsylvania Constitution

that the use of voting machines, or other mechanical devices for registering or recordin

comput ing votes shall be used "at the option of the electors of such county ., ." ; . , . ., . . ` ;

20. Plaintiffs believe and thereby aver that the Defendants have not c 4~ uscd any 'such,• :

question t Q be presented to the electors of Westmoreland County, which would ship or otl~cMI ,

authudxe the Defendants to use an electronic voting method in general, or the i otronic m aCh in

produced by Elect ion Systems and Software Inc . in particular, at any p rimary ot~ eleCtibn

21 The Defendant has nonetheless entered a contract for the purchas of ~Md hAG

for use at primaries and elections to be conducted in Westmoreland County .

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Unless the Defendants ' action is enjoined, the Plaintiffs will suffer lrr p~rable,llear~t x". 7 G ' ,~1 X611'

Iti they yVi l l have been dep rived of their explicit right to vote for or aga inst the apptov~ of

electronic voting system for the County of Westmoreland .

23 , Unless the Defendant s' action is enjoined , the Plaintiffs will suffer 9rtcpar4ble h

e will suffer a pecuniary loss in that their tax dollar s will have been expended i llegally for t e

,purchase of an electronic vot ing system without the as sent of the electors .

As set forth above , Pla intiffs have no adequate remedy at law ,'yyy~ Y/S~ J S il

rv I

WHEREFORE, the Plaintiffs respectfully request that this Honorable Court :

a) declare that the Constitution of the Commonwealth of Pennsylvania, at Articl e

VII, Section 6, requires that, p rior to the use of an electronic voting system or any part icu ar :, ~ i 1 y

ti Ag machine, or other mechanical device used to register or record and ; compute votes

4y ~~ ms~~~ that said question must be put to the electors ;~Ky~F I~ ~ fb) declare that no such question has been put to the electors of W estmoreland

4 a .~ ash

County ;Î~r t}1

c) declare that no question has been put to the electors of Westmoreland County

to authorize the use of the iVotronic voting mach ine provided by Election ; Systems and

Software Inc . ;

d) declare that the Defendant's action to enter into a contract w ith Election

; Systems and Software, Inc . , for the purchase of iVotronic voting machines is, therefore, in

it ; ~►folhtign of the Pennsylvania Constitution at Article VII, Section 6 ;

~ e) declare that the Defendant's actions thereby interfere with the rights guaranteeS.

the Plaintiffs and others similarly situated under Article VII, Section 6 of ' thO '

Pennsylvania Constitution ;

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f) declare that the action to enter into said contract is thereby unconsti tut iorial ,

ogal, void and without legal effect ;

g) issue prelim inary, and thereafter permanent injunctive relief enjoining ,~f °. p rI

Aeferidants from implementing the said contract and its provisions, and from us ing the

ot~azve voting machine and any other electronic voting system at the polling places of

Vsstmoreland County without the question first being put to the electors of the county as r Lz~'t

required by the Constitution, M1, .~, . u1~ n

h) grant such other relief as this Court may deem nec essary, and epkgpr'l~te

~f~4~r protect Plaintiffs' Constitutional rights . 1 a

11 11 16M' .

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VIOLATION OF ARTICLE Y, SECTION 5 OF THE ! • : '! ~': ~" "'~~'!oC CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANI A

25 . The plaintiffs hereby incorporate paragraphs l through 24 inclusive , as if fully se i

forth herein .44

alr, . fib. The Constitution of the Commonwealth of Pennsylvania, at Article I, Section S,

'Vidc s that: "Elcctio»s shall be free and equal-, and no power, civil or military, iha11; at any tim

~It'pr tq prevent the free exercise of the right of suffrage , "

iij' 27 . . The Plaintiffs are guaranteed the right of suffrage on the question of the use of ~ '~i i rr +

]I,, ;~ q~eotrQWc voting machines by the Constitution of the Commonwealth of Pennsy l- yan ia at A rt icle

Section 6 .

28. Plaintiffs believe and thereby aver that the Defendants have not c4used any such

question to be presented to the electors of Westmoreland C ounty, which would enable or oth , s6

RECEIVED TIME JAN . 6 . 11 : 1 9 AM


JAN - 06-06 11 :47 PH ELE C TION O F F I CE 17 2 4 0^303 1 52 P _ 1 6

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Wxhoiizo the Defendants to use an electronic voting method in general, or the iVo~ rri echine

of e~ccd4n~ ~o 'd maryuc by ` Election Systems and So ftware Inc . in particular, at any pri. . ~~' ,4'' The actions of the Defendant, as previously desc ribed, interfere with and prevent a

ee excise of the su ffirage rights of the Plaintiffs on the question of whether the iVotron ic votin

4,chini'shAll be used at the ir polling places within Westmoreland County .

30. Unless the Defendants' action is enjoined, the Plaintiffs will puffer irreparable h

ibey'W'M have been deprived of their right of suffrage as guaranteed by the Cotistimion on th tyq~.~

the approval of an electronic voting system for the County of Westrndreland .

31 . Unless the Defendants' action is enj oined, the Plaintiffs will suffer irreparable h

. xn 'theywil1 suffer a pecuniary loss in that their tax dollars will have been expended illegally for, .,

electronic voting system without the assent of the electors .

32 , As set forth above, the Plaintiffs have no adequate remedy at law .

WHEREFORE, the Plaintiffs resp

ectfully request that this Honorable Co , Ii't °

a) declare that the Constitution of the Commonwealth of Pennsylve» ia , et Articl

Section 5, protects and guarantees the Plaintiffs the free exercise of the right of svffra 6;.

..

b) declare that the Plaintiffs have a right to the free exercise of th 66t of suffra b

to vote on the question of the use of electronic voting machines and ayst 6ms ;

c) declare that no such question has been put to the electors of Westmoreland

County ;pf . .l

d) declare that no question has been put to the electors of Westmorland Court

to autho rize the use of the iVotronic voting machine provided by Electio S ysietns and1 .~ .

G , ~ .. .

RECEIVED TIME JRU. 6. 11 :13A M

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e) declare that the Defendant's action to enter into a contract with tloCtionF I .

Systems and Software, Inc,, for the purchase of iVotronic voting machines whhout

~h~ ~iµsYng the question to be first put to the el ectors of Westmoreland County Is, therefore,

"Violation of the Pennsylvania Constitution at Article 1, Section 5 ;

..

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f) declare that the action to enter into said contract is thereby unconst i tut ional,

illegal, void and without legal effect ;

g) issue preliminary, and therea fter permanent injunctive relief enjoining

defendants from implementing the said contract and its provis ions, and from . rising the '

iVotronic voting machine and any other electronic voting system at the polling places of;;., . .

Westmoreland County without the question first being put to .the electors of the county asp.~ ,

~` . required by the Constitution ., . . . .

h) grant stitch other relief as this Court may deem necessary and app ropriate to

protect Plaintiffs' . Constitutional rights .

COUNT II ~

VIOLATION OF THE PENNSYLVANIA ELECTION CURE,SPECIFICALLY 25 P.S . §§ 3031 .2 through 3 .031 .4, INCLUSIVE .

33 , , The plaintiffs hereby incorporate paragraphs 1 through 32 inclusive,, as i f fully s

IThe Pennsylvania Election Code provides that a county may, by a. rn;~Qoty joie

its qualified registered electors voting at any p rima ry or election, authorize and direct the f

electrozic .Vptin system for registering or recording and computing the vote -at 8:, ijll No,

,Mm0146~ held at poll ing places in such county or municipality . 25 P.S. § 3031,2

35 . The Pennsylvania Election Code further provides for the proved ~Sy ~ wlllch pia

r

ques~~o~ may bo put to the voters at 25 P.S. § 3031 . 3. .

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JAN-06- 0 6 11 :59 AM ELECTION OFFICE 1724^0303152 P .

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36. If a majority ofthe qualified registered electors voting on the quest ot~ '~ ats in ~"avo

T . e, .4 opt4on of an electronic voting system, then and only then is the county au O6iid to

~ `lase or otherwise procure the electron ic voting system for use in the co~nty q 25 ,P4. §

37r Plaintiffs believe and thereby aver that the Defendants have not cased any such

~tiQnEo be presented to the electors of Westmoreland County, which would er iable , or

.. ` .

~~t Iihorize the Defendants to use an electronic voting method in general, or the iVcstronic mechine

? ;;~ p~oduce~ by Election Systems and Software Inc . in particular, at any primary or ~lectlon

ih,3$ . Therefore, the action of the Defendants to enter into a eontract for purchase of

10 said machines for use in primaries and elections in Westmoreland County is beyopd the statutory

ot~ty anted to the Defendants by the Pennsylvania Election Code .

As set forth above, the Plaintiffs have no adequate remedy at law .

WHEREFORE, the Plaintiffs respectfully request that th is Honorable Co

a) declare that the Pennsylvania Election Code, at 25 P . S . §§ 303 t, 2 throu~gh

x431 , 4 requires that, prior to the use of an electron i c voting system or . ohoc 1a vot 4

~"ì,~achine , or other mechanical device used to register or record and eom~i t~ ~yQ tqsf that s ~

qUestion must be put to the electors ;, .

ry b) declare that no such question has been put to the electors of .W f~ngrpjand .< < _ k

kI`~OW'lty;

c) declare that no question has been nut to the electors of VV

r.

Aq i authorize the use of the iVotronic vot ing machine p rovided by ale

: :Software Inc , ;

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RECEIVED TIME JAN . 6 . 11 :13AM


JAN-86-06 11 :52 AM ELECTION OFFICE 17248303152

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d) declare that the Defendant ' s action to enter into a con tract with. ection

~yst~zns and Software, Inc . , for the purchase of iVotronic voting machines s, therefbra, i

A6l2tion of the Pennsylvania Election Code at 25 P ,S . §§ 3031 .2 through 3 . 031 . 4 ;

e) declare that the action to enter into said contract is thereby unconstitutional,

illegal, void and without legal effect ;

; . issue preliminary, and thereafter permanent injunctive relief enjoining

Defendants fr om implementing the said contract and its provisions, and from us ing theY5t

iVotronic voting machine and any other electronic voting system at the pollingplace i` of

Westmoreland County without the question first be ing put to the electors of the county ast ~ a

required by the Pennsylvania Election Code .

h) grant such other relief as this Cou rt may deem necessary and aporopoate to

protect I'lajntiffs' statutory rights .•;~,c

Respectfully submitted,

, ,, - , .4!9 =' .

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Charles A. Pascal, Jr., EsqPa. 1 .D . #90872

~ .. , ;123 Siberian Avenu eLeechburg, Pennsylvania 1 5.. i

Attorney for PlaintYfs

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RECEIVED TIME JAN, 6 . 1 i .13A V


JAN-0 6-86 11 : 5 3 ON ELE CT I O N O F FI CE 17 2 4 2303 1 52 P_ 20

MV ,

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.. ,.,. ; .

VERIFICATION

IhCroby verify that I am a Plaintiff in the within action, and that the siiatbrc}ents

made in the within Action for Declaratory Judgment and Complaint in Equity are true ! P

correct to the best of my information, knowledge and belief. I understand that an y

herein are made subject to the penalties of 18 Pa. C .S . § 4904 , relating to , ' ; ~'•k . .,~ . ~

08W falsifications to authorities .

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RECEIVED TIME JAN . 6 . 11 :13AM

Membar,

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. d o .' ~ .' . .

VERIFICATION0. I r i.~h.

hereby verify that I am a Plaintiff in the within action, and that the statements

t `Nil!in 'tho within Action for Declarato ry Judgment and Complaint in Equ ity are true

~k~ ~° ' ~ a' ~ attd ooirto to the best of my information, knowledge and belief. I understan that any

statements herein are made subject to the penalties of 1 8 Pa. C .S . $ 4904, re lating tomk

M uw~vprn falsifications to authorities ,

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RECEIVED TINE JAU, 6, 11,i3 AM

Printed Nam e

Printed Name

Printed Nam e

Printed Name


JAN-86-06 11 .56 AM ELECTION OFFICE 1724 8303152 P .4~, r: ~~ I i

r, 9

~ .IA ' . .. . ..... '.. ~~ :. , ...

!VERIFICATION

.v 1 hereby verify that I am a Plaintiff in the within action , and that the ~t~tem onts

it the within Action for Declaratory Judgment and Complaint in Equi ty are true

C00~ct to the best of my information, knowledge and belief . I understan than any

W s6 sta#ements herein are made subject to the penaltie s of 18 Pa. C. S . ~ 4904. relating to~, .

n V .

uhsWbrn, falsifications to authorities .

AV /X

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B e.Printed Name

Signature

P rinted Name

J-2Signature

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Printed Name

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Signature

RECEIVED TIME- JAN . 6 . 11 .13AM

Printed Name.~ '

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Documents

Case 2:06-cv-00481-GLL Document 70-8 Filed 04/25/2006 Page ... · Case 2:06-cv-00481-GLL Document 70-8 Filed 04/25/2006 Page 2 of 21. JAN-06-86 11 .31 AM ELECTION OFFICE 17242303152