The Conflict Preemption Theory In Electronic Voting Machine Cases

In Kuznik v. Westmoreland County Board of Commissioners, 588 Pa. 95, 902 A.2d 476 (2006), the Supreme Court discussed the theory of "conflict preemption," which this Court found did not apply in the electronic voting machine case before it. The Supreme Court explained the theory as it applied in Kuznik as follows: "State law may be displaced if it is physically impossible to comply with both state and federal laws, or if the state law stands as an obstacle to the accomplishment and execution of the purposes and objectives of Congress." Id. at 114, 902 A.2d at 487. See also City Council of Bethlehem v. Marcincin, 512 Pa. 1, 515 A.2d 1320 (1986) (restating that when an ordinance conflicts with a statute, the municipal will must be respected unless conflict between the statute and ordinance is irreconcilable).