Pelican Press in Sarasota County

[galloglas]

If this has been posted, I cannot find it. It really should be on Election Reform, Fraud, and Related news.

(There was no URL available to me, but someone local should have it)


"Sun Herald - 09/08/06

Fri, September 08, 2006
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"09/08/06
Elections officials ordered into voting machine case

Florida's top elections officials have been dragged into the Sarasota County legal dispute over a proposed charter revision that would require voting machines capable of producing verifiable paper ballot receipts for mandatory recounts and spot audits.

Late Tuesday, in the midst of a primary voting, the Pelican Press learned that Secretary of State Sue Cobb would be represented at a Wednesday hearing before Circuit Judge Robert Bennett and anticipated being ordered into the case as a defendant.

"We understand the county has requested that the judge name the state as a defendant," said Stirling Ivey, a spokesman for Cobb. "Last Friday, the county deposed David Drury, who is in charge of voting machines for the Florida Division of Elections."

What unfolds in the 12th Judicial Circuit Court this week could have expensive implications for the 14 other Florida counties that -- like Sarasota -- have invested heavily in electronic touch-screen voting machines that do not produce verifiable paper ballot receipts.

A local citizens' group known as the Sarasota Alliance for Fair Elections has gathered more than the 12,030 certified signatures of registered county voters to have a referendum question placed on the Nov. 7 general election that would require a paper trail.

County Attorney Steve DeMarsh reviewed the petition language and raised enough legal questions about it at an Aug. 22 meeting that he convinced commissioners to request a circuit court ruling as to whether a voting machine question should appear on the ballot.

In the days that followed, the county filed a complaint against both SAFE and Supervisor of Elections Kathy Dent for declaratory relief, and the petitioners filed an order with the court to show cause why the referendum question should not appear.

"Sarasota County is asking the court whether the language is acceptable," Ivey said, "and the state is being brought in to testify whether it violates election law. The secretary has a number of private law firms on retainer, and one in the Sarasota area will be present at the hearing."

On June 30, Dent certified the proper number of signed petitions had been submitted to compel a special election, but the county commission didn't take up the issue until Aug. 22. A lengthy legal delay could result in the voting machine question being left off the ballot.

In 2001, the county spent $4.7 million to buy 1,615 ES&S iVoltronic paperless voting machines. Only 15 other counties rely exclusively on paperless equipment. New ES&S equipment is available with printers that produce a paper trail, but for some reason it isn't state certified.

Dent has defended the paperless machines and insisted they produce accurate results, but their reliability has been called into question by experts who claim they can be tampered with. Nevada recently ordered printers attached to all of its previously paperless machines.

On Aug. 22, DeMarsh told the county commission, "We've identified a number of (petition) provisions that appear to conflict with the state election code. If the commission is in doubt, it should seek declaratory relief in the courts."

He also said a court ruling must be handed down by Sept. 15 if the charter proposal is to appear on ballots mailed to members of the armed forces and out-of-town residents who are registered to vote in the county. The commission agreed to seek a court ruling.

If the court doesn't rule on the case until after Sept. 15, but decides the charter amendment should be put before county voters, it would force Dent and her office to hold a special election on the voting machine issue at a cost that could exceed $250,000.

By JACK GURNEY

Pelican Press



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