Lehto and Well v. Sequoia and Snohomish CountyBasic logic of the case:
Secret vote counting is unlawful
Use of DREs = secret vote counting
The use of DREs to count votes is unlawful
The election officials and representatives in NJ -- particularly those in counties that are currently looking at purchasing DREs -- ought to be made aware of the Lehto and Wells v. Sequoia and Snohomish County lawsuit:
http://www.votersunite.org/info/lehtolawsuit.aspNo similar suit has been filed here in NJ... yet. But, we too have a robust open public meetings act (excerpts below). Officials should assume that similar suits WILL be filed here. They need to consider the very real risk that the use of DREs will be prohibited.
From
http://www.njstatelib.org/LDB/Library_Law/lwopnmtg.php The Legislature finds and declares that the right of the public to be present at all meetings of public bodies, and to witness in full detail all phases of the deliberation, policy formulation, and decision making of public bodies, is vital to the enhancement and proper functioning of the democratic process; that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society...From Guide to the New Jersey Open Public Meetings Act:
http://www.vernontwp.com/township/departments/clerk/sunshine.pdfPublic body” means a commission, authority, board, council, committee or any other group of two or more persons organized under the laws of this state, and collectively empowered as a voting body to perform a public governmental function affecting the rights, duties, obligations, privileges, benefits, or other legal relations of any person, or collective authorized to spend public funds including the legislature …Call for ActionLobby the election officials in your county. Write letters to local papers.Bring this lawsuit to the attention of others. Tell your friends and neighbors about it. Write letters to your local paper. Call election officials and legislators. County officials need to consider this: On Election Day, the residents of NJ are the ultimate "public body" authorized and collectively empowered to perform the “governmental function” on which all others depend. Counting our votes is the final step of our most fundamental public decision making process. The DREs make it impossible for us to "to witness in full detail all phases" of that process. Such "secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society."
Although the question has not yet been litigated, it can certainly be argued that under OPMA, the process by which an accurate count of our ballots is obtained must be an open process that the average citizen can witness, understand, and have confidence in.
DREs clearly do not meet these requirements.
As we focus on vote recording and counting systems, we must not lose track of the larger issues. An election is much more than a count of ballots. Elections are about VOTERS. Every NJ resident that wishes to express their will must be afforded an equal opportunity to cast a valid and countable ballot.
If the DREs themselves are illegal, no modification to them can make them legal. When we seek the addition of a voter verified paper record to the machines, we are accepting the legitimacy of the machines as vote counting systems. We are accepting that secret vote counting can somehow be made “OK”.
Making the argument that DREs themselves are unlawful moves the debate to a much stronger position. The argument provides simple grounds for demanding processes that are open to, and can be understood by, average Americans. We don't need to talk about "audits", which evokes negative feelings in most (thoughts of having your tax return audited -- not a good "frame"). Secrecy is unAmerican. We tolerate it our public decision making only when absolutely necessary. Equating DREs to secret vote counting ties those machines to a powerful, and negative, frame.
Although the
DREs=Unlawful Secret Vote Counting approach is not compatible with seeking the addition of a voter verified paper record, it can actually help get such legislation passed (adding a voter verified paper record is certainly a “less extreme” position when compared to banning the machines all together).