The Nashua Advocate: Blackwell Order Struck Down By Judges -- But Too Late

[nashuaadvocate]

It's a sad day.

Ohio voters will go to the polls in 2006 and 2008 with Diebold and ES&S voting machines, as the result of a strategic (and now-voided) administrative order issued by J. Kenneth Blackwell.

Blackwell got his way in 83 of the state's 88 counties before opponents could get the order struck down.

Sad day.

The article is here.

An excerpt:

It's official: the arbitrary (February 9th) deadline set by J. Kenneth Blackwell for Ohio counties to choose new voting systems has been ruled illegal by not one, but two Ohio judges.

Blackwell's spokesman, Carlo LoParo, thumbed his nose at the judges, telling the press that 83 of Ohio's 88 counties had already -- due to pressure from Blackwell -- been forced to choose between the Secretary of State's two preferred voting systems...

The News Editor
The Nashua Advocate

[nashuaadvocate]

1. P.S. If you happened to be so inclined...

......please consider nominating The Nashua Advocate for a Koufax Award for Best New Blog, here.

We're trying to raise both the profile of The Advocate as well as the profile of the issue we devote all our efforts to: election reform.

Don't worry, we won't be putting out the hard sell here (or anywhere).

Just thought we'd drop a brief note on it.

-- TNE

[Chi]

2. You get my vote. n/t

[MadisonProgressive]

4. I voted for you!

[Melissa G]

18. Nominated! n/t

[babylonsister]

20. I can't find it or I'd vote. You've

been great, providing me w/a lot of info.

[nashuaadvocate]

21. http://wampum.wabanaki.net/archives/001601.html

Thanks!

-- TNE

[babylonsister]

22. Would you please go look there?

I've checked out Advocate, Nashua, The, and I cannot find you anywhere. It's driving me nuts now!

[nashuaadvocate]

24. Sorry for the confusion --

-- we're not listed there yet, but we've been in contact with the organizer of the Award, and are awaiting a response as to whether we can still be considered. My understanding was that one could add to the thread with any vote one wanted, whether or not the site appeared on the original nomination list. I could be wrong on that, but I've yet to hear back from Wampum. Until then, we were hoping that, if folks were inclined to do so, they could cast a vote for us. I'm hopeful that, given the enormous size of the "semi-finalist" list, it is not considered an exhaustive list but rather one which Wampum will be winnowing down to a "finalist" list depending upon the votes cast.

Obviously this is a little last-minute, but we just learned about the nomination process and are only interested in competing for one award: Best New Blog. If we don't compete right now, we'll be ineligible next year, because our first post was made in 2004, not 2005. Hence our urgent request to Wampum to be considered; we're confident, given the popularity of the site, that someone (I guess it only takes one person?) would have nominated us as an initial matter had we known about the award earlier and been (like some of the other sites) requesting votes and support for the past 30 days or so.

If we learn we are not eligible, I'll immediately return to this thread and say so, as well as amending the TNA website.

Thanks so much for considering helping us out! We truly do believe it will raise the profile of what the Advocate writes about, as well as the site itself.

-- TNE

[babylonsister]

25. Thanks for restoring my sanity!

:hi:

[nashuaadvocate]

28. A Koufax Award update...

...we still haven't heard from Wampum yet. But I didn't want anyone to think I'd forgotten about coming back and updating you all; nor did I want anyone to think that additional new votes for The Advocate would be a waste of time. I do know that Wampum, in early January, asked folks to e-mail him if any of his semi-finalist lists seemed incomplete. I'm hoping my recent e-mail is not seen as too late to put us on the list, and I'm certain that the many votes you all have cast for us already (and thank you for that!) can only help convince Wampum to put us on the "official" roster of "semi-finalists." Really, for a blog started on November 30th, 2004, we think it would be incredibly exciting to emerge as sort of a "dark horse" candidate for Best New Blog -- a way of stressing to the Powers That Be in the progressive establishment (both off-line and on) that election reform IS the number one issue in America for progressives. And that I know of, no other site nominated for a Koufax Award deals as squarely with this issue as The Nashua Advocate.

Cheers (and more when/as I hear it),
The News Editor

[nashuaadvocate]

29. A final Koufax Awards update.

Alas,

We missed the deadline by 72 hours.

Sorry to let you guys down, and thanks so much to all of you who voted. Frankly, in 24 hours The Advocate probably got enough votes to become a Finalist, though all the other sites had 30 days to compete and solicit their readers' support.

We've little doubt that, with such a loyal and thoughtful readership, we'd a won the damn thing had we made it in under the wire.

Here's to all of you who voted and who continue to support TNA,

-- TNE

[keepthemhonest]

3. How do people get away with these acts.

why do we let them stay in office. Thanks for the article .

[gkhouston]

5. I'm not sure he's actually gotten away with it

Sounds like Blackwell and Petro are in a pissing contest over the machines because both of them want to be governor. Petro's trying to undo Blackwell's "order" so maybe this isn't a done deal, after all.

[keepthemhonest]

6. Blackwell is a shoe in

based on his great work in the 2004 election, that is his payofff to become governor, mark my words the big guys will see that he gets it,as long as he gets away with the 2004 election.So far hehas not been brought to justice, so that is what I mean getting away with it.

[gkhouston]

7. I still think Blackwell is vulnerable

not showing up for Ney's panel may prove to have been a tactical error and that Federal lawsuit may catch up to him yet. I don't think the repugs are invincible. If anything, they're only about two steps ahead of everything coming unraveled as far as Ohio is concerned. Cross your fingers!

[keepthemhonest]

8. definately crossing my fingers

i was wondering if things started to unravel if they would use Blackwell as the fallguy, but we shall see.

[demo dutch]

9. Uphill battle, Americans have already forgotten voting mess!

[bush_is_wacko]

11. I don't believe that for a minute. I am seeing MORE interest in election

issues NOT less. I am still spreading the message far and wide! Every time I go shopping I leave a few deception dollars on my windshield under my wipers and they are ALWAYS gone when I get back to my car. This has worked FANTASTIC! No one has keyed my car or left me a nasty note yet!

[Carolab]

12. I just got a LONG letter to the editor published in my community paper!

Titled "Let's go back to paper ballots!", detailed the mess in Ohio and Conyers investigation and the exit polls and the statistical impossibilities of the Bush "swing", and EVERYTHING! I was so surprised they printed it! And this paper has a circulation of 20,000 readers in a (mostly) liberal section of my town!

[bush_is_wacko]

15. I just heard SEVERAL news reports that put * in a very bad light on

my local news station. They were running a scroll regarding Blackwell but I only caught his name. I live in Colorado. The Churchill thing is pissing a lot of people off. Most importantly because our Thug Governor thinks he can pass legislation making it easier to fire tenured professor's who dare to make controversial remarks. Our Democratic State house and Senate just told our Governor to basically eat shit! The news channel made a point of saying that if the state House and Senate in Colorado were controlled by thugs this law would have already been in place.

It's funny, a few months ago I would have taken that as a plug for thugs but I am CERTAIN they meant to make Republicans look bad. Churchill has an awful lot of support from both citizens and CU students and faculty. Of course, it took massive letters emails and faxes telling CU if they attempted it they would end up losing their asses over it!

[demo dutch]

23. I am glad to hear that! Down here in Florida it gets barely

mentioned anymore unless you speak to devoted democrats, and we don;t have to convince them. The average person however, seems to have moved on.

[EFerrari]

10. done n/t

[Carolab]

13. I don't get it.

If it's illegal, shouldn't that VOID Blackwell's "order"--meaning, do the 83 counties HAVE to follow through?

[nashuaadvocate]

14. Yes, if they've already signed contracts with suppliers. n/t

[davidgmills]

17. It might be a legitimate defense to the contracts

That they were made under duress.

There might also be a defense to purchase if they fail to meet what the statutes require, such as a means of legitimate recount.

If they wanted to, I think they could set many of these contracts aside or at least require substantial improvements to the product which might make the suppliers want to renig as well.

[nashuaadvocate]

19. Good points, David...

...I didn't really get into the legal side of affairs in my response, but probably should have. I suppose I rather think that, all things being equal, many of the counties will simply accept their lot rather than risk any protracted civil litigation on breach-of-contract grounds. Realistically, there's so much money at stake here for Diebold and ES&S, I wouldn't be surprised if such litigation would drag on interminably -- and the counties are under a federal mandate to have new systems within less than eleven months. Can they really afford a lengthy legal battle? Many of them, I fear, will just shrug their shoulders and say, "we guess it's good enough as is."

The fundamental, bottom-line question, as always, is not "can I litigate?" but "will I litigate"?

-- TNE

[kypper]

26. Another idea...

Claim that Diebold and ES&S lied about the reliability (much evidence) and security (proven) of their machinery, thus provided false information, and thus voiding their contracts.
DONE.

Oh, and imprison Blackwell for federal electoral fraud, treachery and crimes against the American people.

Wait, I forgot, he's not an arab, so the public won't do anything.
Maybe if we catch him speaking French...

[davidgmills]

27. You are probably right

Most civil servants, are afraid to litigate anything. But a few might take on the challenge.

Realsistically, I was hoping that most would just find a way to increase the cost of production (by requiring paper receipts, etc., at no additional cost) to a point where it was too costly for Diebold and ES&S to sell profitably.

[emlev]

16. kick