“We’re deeply disappointed in the judge’s decision. We’re exploring all options—including an immediate appeal to the state supreme court.”

— Rev. Kenneth L. Huston, President of the NAACP Pennsylvania State Conference.

(Harrisburg) Ruling from the bench on Wednesday, September 9th after a two-day hearing, Judge Kevin Brobson of the Commonwealth Court of Pennsylvania stated that he would deny the NAACP’s Motion for Preliminary Injunction that would have required the state to establish safe and equal voting procedures for the upcoming general election. A final written order from the judge has not yet been issued.

“We’re deeply disappointed in the judge’s decision. We’re exploring all options—including an immediate appeal to the state supreme court,” said Kenneth L. Huston, President of the Pennsylvania State Conference of the NAACP.

Free Speech For People and the law firm Dechert LLP, arguing on behalf of the NAACP, alleged in the Motion for Preliminary Injunction that the state’s insufficient number of polling places, use in many counties of repeat-touch voting machines, grossly inadequate options for early voting in person, and limited access to vote-by-mail will result in unsafe voting conditions and abridgment of the right to vote, with particular adverse impacts for voters of color, in violation of the Pennsylvania Constitution’s guarantees of free and fair elections and equal protection of the law. The NAACP’s expert witnesses presented evidence regarding both the coronavirus risks of overcrowding at the polls and inadequate disinfection of repeat-touch voting machines, and new statistical evidence demonstrating the racially discriminatory impact of polling location closures which occurred in Pennsylvania during the June 2020 primary election.

Free Speech For People and the law firm of Dechert LLP represent the plaintiffs pro bono. The defendants are the Secretary of the Commonwealth, Kathy Boockvar, and the Director of the Bureau of Election Services and Notaries, Jessica Mathis.

Click here to access the motion for preliminary injunction and the brief in support of the motion.

Read more from coverage of the hearing on NBC and WITF.

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Free Speech For People works to renew our democracy and our United States Constitution for we the people. Founded on the day of the Supreme Court’s Citizens United ruling in January 2010, Free Speech For People envisions a democratic process in which all people have an equal voice and an equal vote. We fight for free and fair elections, for reliable and secure voting systems, and for the bedrock principle that, in a democracy, all voters must have their votes properly counted. To learn more, please visit www.freespeechforpeople.org.

Dechert is a leading global law firm with 26 offices around the world. We advise on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients.  

 

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