Hero Election Board Dismissed By Judge In Middle of Ongoing Investigation

[demodonkey]

December 2, 2011 -- Despite an ongoing forensic investigation into serious voting machine problems reported in Venango County's primary election earlier this year, Judge Oliver J. Lobaugh yesterday dismissed Venango County Election Board members Craig Adams, Martha Breene, and Eleanora Miller from service.

Appointed in early Spring to run elections during the year when County Comissioners were candidates for reelection, the Venango County Election Board was the first in Pennsylvania to take their statutory duty to investigate election irregularities seriously enough to take a hard look into problems reported with electronic voting machines. In early June they ordered a forensic exam of Venango County's ES&S iVotronic electronic voting system, the first of its kind ever in any of the fifty Pennsylvania counties still using paperless, unverifiable Direct Recording Electronic (DRE) voting machines. The forensic audit was being done for free by two concerned Carnegie-Mellon Computer Science professors.

The Election Board fought heroically all Summer and Fall for their forensic exam despite fierce opposition from local politicians, tea partiers, and a biased local newspaper; as well as lawsuit threats recently coming from the voting machine manufacturer ES&S.

Judge Lobaugh's order dismissing the Election Board comes at a time when results of the forensic exam and the board's investingation into the voting machine problems were close to being ready for a public release.

The timing of this Judge's dismissal of the Election Board leaves us no choice but to wonder what the heck is going on in Venango County? What is it that someone, somewhere apparently does not want us to know about our voting machines and our elections in Pennsylvania?

MORE TO FOLLOW as this breaking news develops.



http://www.VotePA.us (reposted by author)

[demodonkey]

1. This is the election board whose chair called in to Brad Friedman on Mike Malloy Show

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x518117

[Yellow Horse]

2. Interesting that more people are reading and reccing a later post on fracking than this....

Guess what. If we don't have fair elections that are counted right, we will NEVER get rid of fracking.

Fair elections are the key to everything.

[demodonkey]

3. UPDATE: Election Board is challenging the ruling; hope to continue investigating...

http://www.votepa.us/newsarchive/2011/VenangoCounty/BoardPetitionsCourt12-2-11.html

DISMISSED VENANGO COUNTY ELECTION BOARD FILES APPEAL
Requests Opportunity To Complete Ongoing Investigation of Election Irregularities

December 2, 2011 4PM -- Attorney Charles A. Pascal, Jr., has filed a Motion For Reconsideration on behalf of members of the specially appointed Venango County Election Board.

The filing was made this afternoon in response to President Judge Oliver J. Lobaugh's order dismissing the Board yesterday. Citing ongoing investigations into serious voting machine problems reported during the May 17 primary election, the specially appointed Election Board requested that they be allowed to continue their work until 11:59 PM on December 31, 2011.

"The members of the specially appointed Board of Elections believes that it is necessary to continue their work in order to assure the voters of the County of Venango of the integrity of the election process in the county," the Motion states, "and to assure that any possible violations of policy, protocol, best practices, or the law, or any directive of the Pennsylvania Secretary of State, are not repeated in future elections."

Appointed by Judge Lobaugh in early Spring to run elections during the year when County Commissioners were candidates for reelection, the Election Board heard sworn testimony from Venango County voters who observed votes flipping from one candidate to another on the touchscreen voting machines, and candidates missing from the ballot. Additionally, several races were subject to high rates of undervotes.

In response to the reported problems, the specially appointed Election Board ordered a forensic examination of Venango County's ES&S iVotronic electronic voting system, the first of its kind ever conducted in any of the fifty Pennsylvania counties still using paperless, unverifiable Direct Recording Electronic (DRE) voting machines. The forensic audit was being done for free by two concerned Carnegie-Mellon Computer Science professors.

The experts' examination and board's investigations were nearing completion when Judge Lobaugh issued an order of court yesterday, dismissing the specially appointed Election Board.

The documents, which are public filings, are available at link above.

------------------

MOTION FOR RECONSIDERATION

EXHIBIT A

[happyslug]

4. The Judge does NOT have to issue a Ruling on a Motion for Reconsideration

Worse, the motion does NOT stop the time running as to filing an appeal to Commonwealth Court.

A Motion for Reconsideration must be filed within 15 days of a Ruling, the appear to Commonwealth Court must be filed within 30 days of the Ruling, The Reconsideration does NOT stop the 30 day period to file an appeal from running.