Election Reform, Fraud, & Related News, FRI. 1/12/07 Seats in Question

[rumpel]

I quickly post this before my internet connection goes out again.... thanks to mergers & acquisitions aka monopolizing



All members welcome and encouraged to participate.

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If you can:

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[rumpel]

1. MS: Moore has not filed contest against Morgan with House

Hattisburg American

From staff reports

O.K. “Kenny” Moore of Columbia apparently has not contested the election of opponent Ken Morgan of Morgantown to the state House of Representatives.

According to state law, Morgan’s swearing-in this week was conditional – Moore had until today to file a contest.

“Nothing has been filed with the House of Representatives by Mr. Moore as far as a contest of the election,” House spokesman Mac Gordon said this afternoon.

Morgan won the District 100 race in a runoff by only 36 votes. Moore and his representatives inspected ballot boxes in Marion and Lamar counties this week.

Read more in tomorrow’s print edition of the Hattiesburg American.


http://www.hattiesburgamerican.com/apps/pbcs.dll/article?AID=/20070112/NEWS01/70112015/1014/OPINION

[rumpel]

2. KY: Judge to rule soon on school board election dispute

The State Journal

Friday January 12, 2007 5:05pm

Sara Gividen
5 hours ago

Attorneys for two candidates in a contested Franklin County Board of Education race argued before a Franklin circuit judge Thursday over the validity and fairness of the election won by a single vote.
Judge Thomas Wingate listened to about 30 minutes of oral arguments from lawyers representing the candidates, Larry Perkins and Lloyd Lynch. Perkins defeated Lynch 1,461 to 1,460 in the November 2006 election for a vacancy in the school boards 2nd district.
Lynch, who works for The State Journal, filed the suit in late November following a recanvass upholding the original results. The suit relies on the fact that on Election Day eight voters were unable to vote for Lynch or Perkins because of incorrect ballots at the Owenton Road precinct.
Following discovery of the ballots, which omitted both candidates names, two machines were closed at the precinct. Wingate said he was the judge who signed the orders removing those eight votes from the election.
"Guy Ziegler (Franklin County clerk), myself and the election board are very interested in ensuring this election is fair and equal," Wingate said.

http://www.state-journal.com/news/article/1470561

[rumpel]

3. AL: Lawsuit challenging state senators to include more lawmakers

al.com

1/12/2007, 3:29 p.m. CT
By PHILLIP RAWLS
The Associated Press

MONTGOMERY, Ala. (AP) — A lawsuit challenging the election of several Democratic state senators could grow to include one-fourth of the Legislature and may not be resolved by the time the new Legislature starts considering proposed laws.

The case also could shift from the courthouse to the Capitol, with new Secretary of State Beth Chapman being drawn into it.

Montgomery Circuit Judge Charles Price held a hearing Friday on two lawsuits filed over the 2006 elections.

One, filed by former Republican attorney general candidate Mark Montiel, seeks to overturn the election of four Democratic senators — Lowell Barron of Fyffe, Roger Bedford of Russellville, Zeb Little of Cullman and Hank Sanders of Selma — because they didn't report their campaign finances to the secretary of state during the Democratic primary election.
The other, filed by write-in candidate Jack Lowe Jr., seeks to overturn the election of Democratic Sen. Larry Means of Attalla because he didn't file a campaign finance report with the secretary of state before the general election.

Price directed Montiel to file court papers bringing into the suit all legislators who are similarly situated to the four senators.

Montiel said he considers the four unique because they spent large sums to try to defeat three other senators in the Democratic primary, and state law requires candidates to file campaign finance reports when they spend money to influence an election.

http://www.al.com/newsflash/regional/index.ssf?/base/news-26/116863796942890.xml&storylist=alabamanews

[bleever]

4. Thank you, rumpel.

Five and up to the Greatest.

[Stevepol]

5. DC: Feinstein seeks answers from the EAC

Looks like some of the Congresspersons are taking an interest in the elections.

SENATOR FEINSTEIN SEEKS ANSWERS FROM EAC ON UNREPORTED FAILURES AT VOTING
EQUIPMENT TEST LAB

New from National Issues - Election Assistance Commission (EAC)
By U.S. Senator Dianne Feinstein
January 12, 2007

U.S. Senator Dianne Feinstein (D-CA), Chairman of the Senate Rules Committee, today sent a letter to the U.S. Election Assistance Commission seeking answers as to why the Commission failed to notify election officials or the public about a serious problem with Ciber Labs of Colorado, one of three major labs that tests much of the nation’s software used in voting equipment.

Senator Feinstein also asked for information regarding what went wrong at Ciber Labs to warrant its loss of accreditation.

According to recent news reports, the U.S. Election Assistance Commission refused to accredit one of the three major voting equipment test labs in July or August, but did not notify the public, election officials, or Congress that it had significant reservation about the lab. The certification process to accredit these test labs was established by the Help America Vote Act.

More at: http://www.votetrustusa.org/

[Stevepol]

6. DC: fine survey of the problems in the 2006 elections.

Vote Trust has a fine survey of the problems in the 2006 elections. Go to the site and then click on the headline below. This will take you to a PDF file that looks extremely well-researched.



HEADLINE: Click Here to Download Report on E-Voting in the 2006 Mid-Term Elections

Link: http://www.votetrustusa.org/

[rumpel]

7. thank you guys

on a frustrating day...

[rumpel]

8. CO: Electing one clerk not the answer

On the one hand There is no guarantee that a single clerk and recorder will be any more effective in running fair and efficient elections in Denver.
By Jan Tyler
Article Created: 01/11/2007 06:40:40 PM MST

Denver will vote soon - in a special, all- mail election - on whether to abolish the city's 104-year-old Election Commission.
Supporters of abolishing the commission and setting up an elected clerk and recorder to run elections like to blame the commission structure for every problem that's befallen the city's elections, but their arguments are not persuasive.
One claim is the three-person structure (two elected and one appointed by the mayor) simply cannot meet the challenges of modern elections.
That may be their opinion, but according to Cal Tech political science professor R. Michael Alvarez, a commission structure with a combination of elected and appointed officials is preferable because "partisan political interests can and do affect how elections are run ... politicians can control the process that elects them to office."
Critics of the commission also complain that it is an independent body with no oversight. But that actually is a virtue. The relative independence of the commission is what has kept past elections relatively scandal free.
And the existing commission isn't completely free from the involvement of other city officials. For instance, the importance of the budgetary process under the current structure cannot be dismissed. The mayor controls the budget, and the mayor influenced the Election Commission when I served through the budget and his appointed clerk and recorder. We had to cut our budget every year by at least 1 percent, in spite of the increasing complexity and demands of conducting elections. The appointees who served as clerk and recorder acted as enforcers, denying reform and even basic needs of the commission in order to meet budget cuts.

http://www.denverpost.com/opinion/ci_4995258

[rumpel]

9. OR: Boom may be boon in Congress

Boom may be boon in Congress
Growth - The influx of people to the Northwest from other states could mean Oregon and Washington get more seats in the House
Friday, January 12, 2007
JEFF MAPES
Because of strong population growth, Oregon and Washington each may gain a new U.S. House seat after the 2010 Census, giving the region a shot at more clout in Congress and in presidential elections.

Congressional reapportionment experts crunching the latest Census Bureau estimates say the two states appear to be on track to add seats in the new decade. Oregon last gained an additional U.S. House seat -- its fifth -- after the 1980 Census. Washington, which now has nine seats, gained one seat in 1981 and another in 1991.

"I have Oregon and Washington each picking up a seat, but not by much," said Clark Bensen, a Virginia-based analyst who advises Republicans on reapportionment strategy through his firm, Polidata. He puts Oregon in a slightly better position than Washington of winning a new seat.

http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1168574149261460.xml&coll=7

[rumpel]

10. VoteTrust: Virginia Takes Up Paper Ballot Legislation in 2007 Session

By Ivy Main, NNew Electoral Reform Alliance for Virginia
January 12, 2007
In the new session, Virginia’s legislature will debate bills requiring all jurisdictions in the state use paper ballot voting systems.

Delegate Tim Hugo and Senator Jeannemarie Devolites Davis, both Republicans from Fairfax County, have introduced identical bills in the House and Senate (HB 2707 and SB 840) that would require all jurisdictions in Virginia (with the exception of a few very small localities) to use paper ballots read by optical scan machines. Localities would also purchase ballot-marking devices for use by persons with disabilities. The legislation also contains a ban on wireless communication devices, provisions for post-election random audits of election machines, and procedures for the review of at least some paper ballots in the case of a recount.

Enthusiasm for the bill has spread beyond the election integrity groups that lobbied for last year’s bill. This year a number of citizen’s groups, advocates and political parties formed the Verifiable Voting Coalition of Virginia, whose members include Virginia Verified Voting, the New Electoral Reform Alliance for Virginia (New Era for VA), the League of Women Voters, Common Cause, the Virginia Libertarian Party, the Virginia Organizing Project, and the Southern Coalition for Verified Voting.

http://www.votetrustusa.org/index.php?option=com_content&task=view&id=2184&Itemid=113

[rumpel]

11. CO: Citizens question choice of equipment

Katharhynn Heidelberg

Daily Press News Editor

Online Video also available.

MONTROSE — At a sparsely attended public input meeting Thursday night, the Montrose Election Fact Finding Task Force heard the unvarnished opinion of citizens: November’s election was a disaster.

“My comments are not as sour grapes,” said Regina Sowell, who unsuccessfully campaigned to be the county clerk. “I want now what I wanted then — a fair election.”

The county, complying with state and federal laws, replaced its outmoded punch card system last year with electronic voting. Despite a committee recommendation to purchase an Optiscan system, the clerk and elections offices went with a direct-recording electronic machine from Hart InterCivic.

Come Election Day, machines at some polling places crashed or ran out of paper, leading to lines that lasted for hours, voting on provisional, or even sample ballots, and a reported lack of elector privacy, as well as fears some hadn’t been able to vote.

http://www.montrosepress.com/articles/2007/01/12/local_news/1.txt

[rumpel]

12. FL: Computer experts take crack at D-13 vote code

Brandenton Herald

Posted on Fri, Jan. 12, 2007

DUANE MARSTELLER
Herald Staff Writer
MANATEE - While Christine Jennings wages a public court fight for access to software code used in Sarasota County's electronic voting machines, a team of prominent computer scientists has been quietly examining it.

The computer experts from four states began studying the code in late December, when the Florida Secretary of State's office executed a $45,000 work order. The team met most recently Saturday in Florida and has until June 30 to submit a final report.

"This source code is under intense scrutiny by some of the best guys in the country," the team's leader, Florida State University computer-science professor Alec Yasinsac, said Thursday. "These guys are wizards."

Their task: Determine if anything in the machines' code could have affected the outcome of the 13th Congressional District race between Jennings and Vern Buchanan.

Buchanan was declared the winner by 369 votes, but Sarasota's iVotronic machines reported 18,000-plus blank votes or undervotes in the race. Jennings is contesting the results in court, saying the machines didn't record thousands of votes that would have given her victory.

She wants access to the source code so her experts can review it, but the machines' manufacturer has fought her, claiming trade secrets. A state judge sided with Election Systems & Software last month. Jennings is appealing.

http://www.bradenton.com/mld/bradenton/news/local/16440725.htm

[rumpel]

13. TN: Former Gate City mayor gets jail-term, $51,000 fine for vote fraud

timesnews


Published 01/09/2007 By CLIFFORD JEFFERY

GATE CITY - Former Gate City Mayor Charles Dougherty Jr. was sentenced Tuesday on a host of charges involving fraudulent applications for absentee ballots in the 2004 town election.

Dougherty was sentenced by two judges to 196 days in jail with 90 days of electronically monitored probation, and payment of $51,000 in fines.

Dougherty was convicted of 16 charges of vote fraud in July and of another 13 charges in December.

The judges who presided over his trials, Judge Birg E. Sergent and Judge Charles B. Flannigan II, presided over the sentencing.

http://www.timesnews.net/article.php?id=3717983

[rumpel]

14. GA: Staton wants increased penalties for voter fraud

The Telegraph

Posted on Fri, Jan. 12, 2007

By Travis Fain
TELEGRAPH STAFF WRITER
ATLANTA - Along with his continued push to require voters to show picture IDs at the polls, state Sen. Cecil Staton, R-Macon, said Thursday he hopes to beef up the penalties for voter fraud.

Staton's bill is still in draft form, but the proposal would make just about any ballot-box fraud or vote tampering a felony punishable by up to 15 years in prison.

"In most cases, it (currently is) simply a misdemeanor," Staton said Thursday.

The new bill could serve two purposes: let anyone who cheats at the ballot box know the state is serious about stopping them and to blunt one of the most common criticisms lobbed at Staton's voter ID reforms, now two years in the making.

Staton's push to replace the 17 forms of identification now accepted for voting with government picture IDs has been killed by the courts and blasted by Democrats who have said the change would decrease turnout among minorities and the elderly.

Beyond that, critics have said fraud is far more likely in absentee balloting than in person at the polls.

http://www.macon.com/mld/macon/news/politics/16440589.htm

[rumpel]

15. Some Court Cases: Indiana Voter ID Requirement Upheld

January 5, 2007

Yesterday, the 7th Circuit Court of Appeals affirmed the United States District Court’s judgment in the case of Indiana Democratic Party v. Rokita. The judgment issued by the Court of Appeals upholds Indiana’s voter ID law, which requires that any person desiring to vote in person present a government-issued photo ID.

Judge Posner wrote the majority opinion, with Judge Evans dissenting. The issues between them boiled down to two: Whether strict scrutiny or a more flexible standard applied, and whether the state had any legitimate interest at all in requiring photo ID.

Judge Posner rejected the Plaintiffs’ argument that the case deserved strict scrutiny, and instead applied a balancing test. He found that the law served a legitimate state interest because there was in Indiana “an acute danger” of voting fraud “provided by the discrepancy between the number of people listed on the registered-voter rolls in the state and the substantially smaller number of people actually eligible to vote.” Indiana’s previous practice of attempting to identify those entering the polls by making mere eyeball comparisons of their signatures with those on file was not enough to deter fraud: “ithout requiring a photo ID, there is little if any chance of preventing this kind of fraud because busy poll workers are unlikely to scrutinize signatures carefully and argue with people who deny having forged someone else’s signature.” Posner refuted the Plaintiffs’ claim that there is no evidence of voter fraud in Indiana, and attributed the lack of reports of voter fraud to the underenforcement of minor criminal laws and the difficulty in apprehending people perpetrating such fraud.

http://moritzlaw.osu.edu/electionlaw/news/articles.php?ID=102

[rumpel]

16. 9th Circuit: Farrakhan v. Locke (Felon Voting Rights)

Summary: In this case convicted felons claim that Article VI, Section 3 of the Washington State Constitution, which denies felons the right to vote, violates Section 2 of the Voting Rights Act because it has a disparate impact on minorities.

The District Court granted summary judgment for the Washington because the racial discrimination was attributable to outside sources, in particular the criminal justice system. As the cause of the disparate impact is external to the felon disenfranchisement statute, the plaintiffs could not prove a causal connection. The Court of Appeals, however, reversed and remanded the case. Using a "totality of the circumstances" test, the Court held that the law's interaction with external factors should have been considered. As the criminal justice system is an external factor directly affecting the disenfranchisement statute, it should have been considered by the District Court.

http://moritzlaw.osu.edu/electionlaw/litigation/farrakhan.php

[rumpel]

17. Ohio Citizen Action v. Kenneth Blackwell -dismissed

Whether under Ohio law election officials must post summary statements of election results immediately after canvassing; whether the Secretary of State must issue instructions informing precinct officials how to do so.

http://moritzlaw.osu.edu/electionlaw/litigation/OhioCitizenActionv.KennethBlackwell.php

[rumpel]

18. King Lincoln Bronzeville Neighborhood Association v. Blackwell

U.S. District Court for the Southern District of Ohio
Case No. 2:06-cv-00745-ALM-TPK

(page last updated 1/12/07)
Individual voters and three voters' rights groups sued Ohio Secretary of State Kenneth Blackwell alleging that Blackwell allocated election resources in a racially discriminatory manner and instituted racially discriminatory procedures for provisional voting, purging voters from the statewide voter registration database, and maintaining the chain of custody of ballots. The complaint alleged that these actions led to the dilution and/or cancellation of plaintiffs' vote due to ballot cancellation and tampering, long poll lines, mechanical difficulties with voting machines, and unclear precinct boundaries. The complaint claims that plaintiffs reasonably fear these problems will recur in the November, 2006, election, and asks the court to appoint a special master to perform Blackwell's election administration duties in that election.

Order issued directing County Board of Elections to preserve all ballots from the 2004 Election. Answer filed 10/25/06. Motion for TRO filed 11/3/06. Opposition to TRO filed 11/6/06. Motion to dismiss as moot pending.

http://moritzlaw.osu.edu/electionlaw/litigation/klbna.php

[rumpel]

19. League of Women Voters v. Blackwell

Whether Ohio's allegedly dysfunctional election system violates equal protection or due process clause of the 14th amendment.

http://moritzlaw.osu.edu/electionlaw/litigation/lwv05.php

[rumpel]

20. Ohio Democratic Party v. Blackwell

case 1
Plaintiffs seek a writ of mandamus requiring that Secretary of State J. Kenneth Blackwell issue Directives to the County Boards of Election as to how to:
Alleviate congestion at polling places, including the use of back-up paper ballots for electronic voting machines;
Manage malfunctioning voting machines to ensure that votes already cast are not lost;
Assure the security of voting machines and related equipment so as to avoid adverse impacts on the voting process.

dismissed 11/1/06

case 2

Whether Ohio Secretary of State Kenneth Blackwell violated Ohio law by allowing the deadline for appointing election observers to pass, then creating allegedly "retroactive" rules that in contradiction to past practice prohibited the Democratic Party from appointing additional observers beyond those identified by the original appointment forms.

All Discovery shall be complete by 1/31/07. Parties may file supplements to pending motion and reply by 2/12/07. Hearing set for 03/15/2007.

http://moritzlaw.osu.edu/electionlaw/litigation/OhioDemocraticPartyv.Blackwell-PollingObserversSuit.php

[rumpel]

21. United States of America v. Brown (this one is bizzare)

Whether Defendants have violated §2 and §11(b) of the Voting Rights Act and the 15th amendment to the US Constitution by taking actions with the intent to deny white voters and white candidates access to the political process.

Bench Trial set for 1/16/2007

[rumpel]

22. ABC v. Blackwell

Whether Ohio Secretary of State Kenneth Blackwell violated a court order allowing exit polling within 100 feet of polling places by issuing a directive that reiterated Ohio's prohibition against standing within 100 feet of a polling place and only acknowledged an exception for press access in small type on the third page of the directive.

District Court has denied Plaintiff's emergency motion to enforce judgment 10/27/06. Appeal pending. Appellant brief due 12/19/06; Appellee brief due 1/22/07; Reply brief due 2/8/07; Appendix due 2/15/07; All final briefs due 3/8/07

http://moritzlaw.osu.edu/electionlaw/litigation/ABCv.Blackwell.php

[rumpel]

23. Boustani v. Blackwell

Whether the 2006 amendment to § 3505.20(A) of the Ohio Revised Code (House Bill 3) is unconstitutional on grounds that (1) it discriminates against naturalized citizens and imposes an unauthorized, unnecessary and undue burden on their fundamental right to vote, in violation of the 1st and 14th Amendments to the United States Constitution; (2) it violates the Civil Rights Act of 1964; and (3) it constitutes a poll tax on naturalized citizens in Ohio in violation of the 24th and 14th Amendments to the United States Constitution.

Opinion and Order. This Court finds amended R.C. 3505.20(A)(2),(3) and (4), et seq. unconstitutional (entered 10/26/06)

Notice and Order. Evidentiary Hearing set for 4/4/2007

Plaintiffs' initial disclosures to Defendant due 01/16/2007. Defendant's request to Plaintiff for production of documents due 01/16/2007. Plaintiff to respond to requests within 30 days. Witness and exhibit lists and stipulations to be exchanged and filed by 03/22/2007.

http://moritzlaw.osu.edu/electionlaw/litigation/boustani.php

[rumpel]

24. Callen v. Blackwell

Whether Ohio's use of Diebold and ES&S voting machines violate state law requirements for reliability, security, accuracy, verifiability, and accessibility.

Complaint filed 11/14/06

http://moritzlaw.osu.edu/electionlaw/litigation/Callenv.Blackwell.php

[rumpel]

25. FL: 3 Democrats Contest Wins By Incumbents

Tampa Tribune

By CATHERINE DOLINSKI and CHRISTIAN M. WADE The Tampa Tribune

Published: Jan 12, 2007

TALLAHASSEE - To hear Congress talk, you'd think Christine Jennings was the only candidate contesting an election.

On the first day of the 110th Congress, U.S. Rep. Rush Holt, D-N.J., publicly reminded freshman Republican Rep. Vern Buchanan last week that his seat is not secure because of Jennings' formal challenge to his election. A day later, a House committee chairwoman wrote to a Florida appellate judge stressing the need to examine the source code inside the voting machines used in Jennings' district.

Jennings, however, is one of four Florida Democrats contesting congressional elections. Unlike Jennings, the other three are taking on incumbents: John Russell versus Rep. Ginny Brown-Waite (Dist. 5), Clint Curtis versus Rep. Tom Feeney (Dist. 24) and Frank Gonzalez versus Rep. Lincoln Diaz-Balart (Dist. 21).

"We want to ensure that America maintains a representative democracy," said Russell, a nurse from Pasco County. "We want to make sure that when people go to vote, no matter their political stripe, that they're sure that vote will be counted."

http://www.tbo.com/news/metro/MGBNU750UWE.html

[rumpel]

26. Gov't Technology: The Technology Devolution

January 27, 2007 By Chad Vander Veen
As a reader of Government Technology magazine, every month you can count on great stories, written by overworked and underpaid staff, about the rapidly changing technology landscape and how it all fits into the government sector. But what isn't often covered are the stories of government programs and projects that don't benefit from technology and are in fact hindered by it.

Case in point. At the time of this writing, millions of Americans are casting their vote for some number of politicians who, if elected, will immediately begin spending their time preparing for the next election. As feared, reports are streaming in that electronic voting machines are malfunctioning. The machines caused so much frustration that a poll worker in Kentucky attacked a voter; while in Pennsylvania an aggravated voter simply destroyed the infernal thing by smashing it to bits. After the 2000 presidential election -- the one where thousands of regular folks were outsmarted by simple punch card ballots -- people who believed they knew better started clamoring for electronic voting machines. These people, from all political backgrounds, demanded that the most sacred and solemn duty in democracy be done on a complicated piece of technology instead of a simple, reliable piece of paper.

http://www.govtech.net/magazine/story.php?id=103058

[rumpel]

27. CA: New Secretary of State taps voting machine foe as deputy (Bowen)

SF Gate

California's electronic voting era could be facing a very quick conclusion as one of the nation's most visible e-voting critics will be supervising the state's approval of voting machinery.

Lowell Finley, a Berkeley attorney who's been involved in suits against voting machine manufacturers, the California secretary of state, San Francisco and Alameda counties and the ongoing dispute over electronic voting in Florida, is taking over as deputy secretary of state.

Finley is one of the first hires made by newly elected Democratic Secretary of State Debra Bowen, who took her oath of office Monday.

Finley will be directly involved in reviewing voting systems in the state and it's not much of a stretch to suggest that the companies that build the electronic systems are starting to sweat.

Finley is co-founder and co-director of Voter Action, a group that has been very leery of the safety, security and fairness of electronic voting. Voter Action last year sued Republican Secretary of State Bruce McPherson to block his approval of a Diebold Election System touch screen system used throughout the state and coordinated a suit to block Alameda County from using the Sequoia e-voting system it purchased. He was also involved in a 2004 suit that forced Diebold to pay a $2.6 million settlement to the state for making false claims about its voting systems.

http://www.sfgate.com/cgi-bin/blogs/sfgate/detail?blogid=14&entry_id=12488

[rumpel]

28. CO: Denver Tests Voting Machines For Jan. Election

ABC 7 News Denver

Most People Will Be Voting By Mail

POSTED: 11:10 am MST January 12, 2007
UPDATED: 12:13 pm MST January 12, 2007

DENVER -- The vote in the upcoming Jan. 30 special election will be conducted by mail ballot.
On Friday, Denver election officials conducted a mock election in the hopes of avoiding some of the problems encountered in the November election.
Representatives from the Democratic and Republican parties were each given 20 ballots to fill out to see if they registered properly. They also used electronic voting machines that will be available only to the disabled on Jan. 30.

http://www.thedenverchannel.com/news/10733751/detail.html

[rumpel]

29. FL: Jennings Admits She Should Have Listened to Election Integrity Advocates...

Thanks to brad

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x464350

http://www.bradblog.com/?p=4020

[Wilms]

30. LOU DOBBS: Troubling new questions about electronic voting machines used in our midterm elections

Aired January 12, 2007 - 18:00 ET

snip

DOBBS: Troubling new questions about electronic voting machines used in our midterm elections. New tests now show one of the systems used didn't meet federal standards at all. But that didn't stop some states from using those machines anyway.

Kitty Pilgrim reports.

(BEGIN VIDEOTAPE)

KITTY PILGRIM, CNN CORRESPONDENT (voice-over): New York State didn't use electronic voting in the November election. The state chose to stay with decades-old lever machines until electronic voting was proven tamper-proof and glitch-free.

New York State is glad they didn't use electronic voting. New York State Election Commission co-chair Doug Calner (ph) says ES&S, one of the largest electronic voting machines in the country, used software in other states that didn't meet federal standards, even though it was stamped with federal certification codes.

DOUG KELLNER, NYS. BOARD OF ELECTIONS: They admitted that it doesn't comply, but though said, look, we already got certification previously for this very same product. The rules have not changed since we got certification, therefore, you shouldn't insist on compliance with that rule.

PILGRIM: ES&S brushed aside the concerns in a letter to New York election officials saying federal standards were an arbitrary guideline. ES&S also admitted to election officials that other states used the software anyway. Last November, 25 states used ES&S machines that used this software.

snip

http://transcripts.cnn.com/TRANSCRIPTS/0701/12/ldt.01.html


Discussion

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x464385