March 2, 2006
Precedence
Does a federal law supercede a state's Constitution?
- Pennsylvania's highest court ruled Thursday that a county may replace its mechanical lever voting machines without voter approval in a case that pitted new federal election laws against the state constitution.
The state Supreme Court's ruling eased concerns about possible disruptions in the ongoing upgrading of voting systems in dozens of counties before the May 16 primary election.
"We're very happy with the decision," said Allison Hrestak, spokeswoman for the State Department, a defendant in the lawsuit and the agency responsible for certifying which voting machines meet the requirements of federal law in Pennsylvania. "It reinforces our position all along — that the federal law supersedes state law."