Court won't hear Texas voting machine case

[sonias]

Houston Chronicle 1/12/09
Court won't hear Texas voting machine case
AUSTIN — The U.S. Supreme Court refused Monday to revive the Texas Democratic Party's lawsuit complaining that eSlate voting machines widely used in the state don't properly record straight-party votes.

The court declined without comment to hear the case. Democrats had sued Texas and lost in lower-level federal courts.

"The trial judge and U.S. Court of Appeals reviewed the facts and determined the eSlate machines were certified properly," said Randall Dillard, spokesman for the Texas Secretary of State's Office. He said the Supreme Court's refusal to take the case supports those lower court conclusions.

"We will continue to protect the integrity of elections in Texas through a voting process that is fair and credible," Dillard said.

State Democratic Party chairman Boyd Richie said he was disappointed, but that the Supreme Court can only hear a few of the thousands of important cases.

No surprise. Hopefully something can be done in the Texas Legislature this year. None of these paperless DRE pieces of crap have been "certified properly" as Dillard alleges. :grr:


Sonia

[sonias]

1. Related story with some interesting information

AAS 1/13/09
Supreme Court declines to hear Texas voting machines case

"The eSlate voting system, and others that operate like it, fail to record votes in certain circumstances, and we are hopeful Texas' new secretary of state will exercise her authority to require manufacturers to repair these faulty systems," Richie said in a prepared statement. He said the party will keep working in the Legislature, Congress and the courts to make sure eligible Texans can register to vote and cast ballots that count.

Attorneys for the party argued that the voting machines, which are used in about 100 of the state's 254 counties, are prone to undercounting votes in general elections if someone casts a straight-ticket ballot but then marks an individual candidate's name, as if for emphasis. They said because the equipment doesn't record votes the same as other machines, use of them is a violation of the U.S. Constitution.

The "unequal protection" argument really should get some attention at the Lege this session. At the very least the user interface on these damn systems can be improved. A voter should be clearly warned upon deselection of a candidate, that they are about to remove their vote for a candidate.

I'm waiting anxiously to see who gets the chairmanship on the elections committee at the Texas Legislature. :eyes:

Sonia