A second group of voting rights activists is suing Pedro A. Cortes, secretary of the commonwealth, to prevent Pennsylvania's 67 counties from purchasing a new generation of high-tech voting machines.

The lawsuit, filed in Commonwealth Court on Friday, contends that the state constitution guarantees voters a chance to decide if they want electronic machines. Butler and Cambria counties also are named as defendants in the lawsuit.

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"We're trying to stop the process," said Jim Shingleton, of Prospect, a member of Butler County Democrats for Change. He is joined by 20 co-plaintiffs.

Earlier this month, another group sued Westmoreland County, where commissioners were preparing to buy 750 touch-screen machines from Nebraska-based Election Systems and Software Inc., called ES&S.

The federal Help America Vote Act, passed by Congress after voting problems in Florida during the 2000 presidential election, requires local governments across the country to put new machines in place by this year's spring primary elections or risk losing millions in aid, including $136 million in Pennsylvania.

Pennsylvania's Department of State, which oversees elections, has advised counties that the federal law takes priority over the state constitution's referendum prerequisite for electronic machines.

"That still is the department's position," said Allison Hrestak, a spokeswoman.

In Butler County, voters approved a referendum on electronic machines in 2002. But Mr. Shingleton said voters never had an opportunity to test actual machines before deciding.

"First the county must procure the machine and then voters must have a chance to look at it," he said.

Bill O'Donnell, Butler County's director of administration, said county officials had not yet reviewed the lawsuit.

Municipalities in Cambria County put ballot questions before voters when they were considering buying punch-card machines in the 1980s, according to Fred R. Smith, director of elections.

Both Butler and Cambria counties have announced their intentions to negotiate with ES&S for new voting equipment.

Allegheny County's three-member Board of Elections will meet in the county courthouse, Downtown, at 8:30 a.m. today to consider buying 5,600 touch-screen machines from Diebold Inc. of North Canton, Ohio.

A hearing in the Westmoreland County lawsuit will be held Feb. 7 in Harrisburg.