Voting Machine Lawsuit in Pennsylvania

["Pete Klammer" <pklammer@xxxxxxxxxxx>]

http://www.ecotalk.org/LawsuitPressRelease10-18-04.htm

Journalist Requests Temporary Restraining Orders Against Use of Voting
Machines & Absentee Ballots - Urges Use Of Remote Polling Precincts &
Provisional Ballots 

PHILADELPHIA, Pa., Oct. 18 -- Last week, freelance journalist Lynn Landes
filed two Temporary Restraining Orders (TRO) in federal district court in
Philadelphia.  Landes is one of the nation's leading journalists on voting
technology and democracy issues.  She is attempting to halt the use of
voting machines and absentee ballots in the upcoming presidential election.


In her lawsuits, Landes says there are two legal standards for any voting
process.  These standards are described in the oversight function of Federal
observers under federal statute, Title 42 § 1973f of the United States Code,
(1) "...whether persons who are entitled to vote are being permitted to
vote," and (2) "...whether votes cast by persons entitled to vote are being
properly tabulated."   Landes claims that the use of absentee voting and
voting machines fails to meet either standard.  She says that the use of
absentee ballots and voting machines is effectively unobservable and
therefore denies meaningful oversight by election officials, poll watchers,
Federal observers, the press, and the public. 

"This nation's voting system is a total sham, ? says Landes.  ?In the
upcoming election, a couple of corporations (ES&S and Diebold) with strong
ties to the Republican Party will count 80% of the vote in virtual secrecy.
Democratic candidates should be in federal court now protesting this
insanity.  It might be too late after the election.?

Landes claims that elections in America are not being properly administered
under the U.S. Constitution or federal law.  Direct public participation and
effective oversight is impossible to all intents and purposes, she says. 

?It's like holding a public meeting at City Hall and then shutting out the
public.  Vote fraud and system failure can easily occur and remain
completely undetectable.  The end result is that we have no legitimate way
to prove who really wins elections in this country.  And the very last thing
we should do is to trust the corporate media and their polling organizations
to tell us what's going on," she warns. 

Originally, Landes filed two Complaints in U.S. District Court for the
Eastern District of Pennsylvania on July 2, 2004.  However, since the
presidential election was fast approaching, Landes decided to also file
TROs.  The District Court ruled immediately against Landes on the issue of
absentee ballots.  On Friday, Oct. 15th, she filed an appeal to that
decision in the Third Circuit Court of Appeals.  The TRO filed against the
use of voting machines has yet to be scheduled. 

In her appeal to the Third Circuit, Landes suggests the establishment of
remote polling precincts for absentee voters.  She says that remote
precincts can be set up at municipal buildings and college campuses across
the country, as well as at embassies, consulates, overseas military bases,
and onboard military ships.  The use of a universal ballot for president and
vice president would be a practical remedy for those two races.  Landes sees
a logistical nightmare if other races were included, however. 

"If there isn't sufficient time for these remedies to be put into place, the
Supreme Court should order a delay of the election for no more than 30
days," says Landes.  "This is not a perfect solution, but at least it would
be legal." 

See Landes lawsuit filings at: http://www.ecotalk.org/VotingSecurity.htm 

________________________________________________________ 

Contact: 

Lynn Landes
(215) 629-3553
lynnlandes@xxxxxxxxxxxxx 

 --
Pete Klammer / ACM(1970), IEEE(SA,P1583), ICCP(CCP), NSPE(PE)
    3200 Routt Street / Wheat Ridge, Colorado 80033-5452
  (303)233-9485 / Fax:(303)274-6182 / Mailto:PKlammer@xxxxxxx
 Idealism may not win every contest, but that's not what I choose it for!