Banfield v. Cortes

DISSENTING OPINION BY

Judge LEAVITT.

Respectfully, I dissent from the majority’s conclusion that the Petitioners have stated a cause of action in mandamus to compel the Secretary of the Commonwealth to decertify seven different Direct Recording Electronic (DRE) voting systems. Likewise, I do not believe that this Court can, by writ of mandamus, compel the Secretary to adopt “rational and appropriate” standards to guide his approval of DRE voting systems. The Secretary’s decision to approve, or to disapprove, electronic voting systems requires the exercise of discretion and, as such, cannot be…