[ale] [OT] Update on the VoterGA Voting Rights Law Suit

aaron aaron at pd.org
Sat Oct 17 22:10:23 EDT 2009


Earlier this month the Georgia Supreme Court handed down
a decision in the VoterGA lawsuit challenging the
constitutionality of Georgia's zero-evidence,
unaccountable electronic voting systems.

I'm not a lawyer, nor have I ever had the faintest desire
to even think about playing one on TV, but after discussing
the published decision with a couple of qualified legal
professionals, it seems that the Georgia court rulings
boil down to two essential points.

The most critical issue upheld against the VoterGA appeal
was the ruling from the Georgia Superior court judge,
Michael D. Johnson, that the plaintiff's had "no standing"
in the case.  The [insane and circular] foundation of
this decision is that, because THE ELECTION SYSTEM IS
INCAPABLE OF PROVIDING EVIDENCE THAT THE PLAINTIFF'S
VOTES WERE NOT COUNTED, then they can not show evidence
that their constitutional right to vote has been infringed,
and thus THEY HAVE NO GROUNDS TO FILE SUIT CHALLENGING
THE CONSTITUTIONALITY OF AN ELECTION SYSTEM THAT IS
INCAPABLE OF PROVIDING EVIDENCE THAT ANYONE'S VOTE IS
EVER COUNTED.

Yes, you heard it right. Catch 22 with a vengeance.
In essence, the judges of the Georgia Supreme court
have now ruled that no Georgia citizen can challenge
the legality and constitutionality of a voting system
that produces no evidence and provides no accountability
because the voting system produces no evidence and
provides no accountability which would show just cause
for a legal challenge.

Perhaps the biggest motivation behind this irrational
Catch 22 decision is that it allows the Georgia courts
t completely evade their own accountability in the
case. It effectively renders all other counts,
challenges and evidence from the suit moot, even the
sworn testimony where the State's expert witnesses
admit that, in the absence of paper ballots, it is
impossible to determine or verify if these electronic
voting systems have ever produced accurate vote counts
and election results. These are, of course, the same
handful of "experts" whose Georgia Assembly testimony
convinced the State to install zero evidence vote fraud
systems in the first place and whose facilities have
since received millions of our tax dollars to promote,
test, promote, certify and promote the machines that
they now admit under oath to be totally dysfunctional.

If your head hasn't exploded yet, just wait. There's
more...

Even though the "no standing" ruling should render
any and all counts of the law suit irrelevant, the
vague and mysterious mechanics of our obfuscated
U.S. legal system apparently allow the judges to
pick and choose among the counts of a suit that
was dismissed on grounds and then pronounce binding
judgments based on them.

The handful of specific counts and challenges that
the Supreme Court cherry picked for consideration
in the VoterGA suit primarily questioned the State's
rights and responsibilities in selecting and
implementing our voting systems.

The Supreme Court's decisions on these counts
affirms and establishes that the Secretary of State
and the Georgia Assembly can implement any voting
system they choose to, regardless of how functional
or dysfunctional it may be. Based on Georgia's
current electronic vote fraud machines, this must
include voting systems that produce absolutely none
of the election accountability evidence needed to
reveal when massive vote fraud and voter
disenfranchisement is taking place.  In other words,
the Supreme Court of Georgia has declared that an
election process with systemic vulnerability to
undetectable vote fraud is entirely acceptable so
long as the voting system provides no evidence that
can demonstrate when it has failed or been
compromised.

Boom.

To my view...

...what these Georgia Supreme Court decisions
mean to Georgia citizens is that it is more
critical than ever before that everyone cast
their votes in all municipal, county, state and
national elections using the evidence of Paper
Ballots that are available to all registered
voters under Georgia Absentee and Provisional
voting Laws (see <http://PaperCounts.org>).

What these Georgia Supreme Court decisions ALSO
mean to Georgia citizens is that, in the 2010
elections, it is more critical than ever that we
use our Paper Ballots to elect a Secretary of
State with the integrity and fortitude needed to
exercise that office's constitutional and court
sanctioned authority to restore functional, voter
verifiable, documented and authenticated election
systems to Georgia.

In sincere commitment to that cause, I am now
serving as the official Technology Director for
the Moore For Georgia SOS10 campaign. I strongly
believe that Ms. Moore is the only 2010 Secretary
of State candidate that is fully and openly
committed to restoring election integrity and
transparency to our State by upgrading our
electronic machines to run Open Source software
and produce Voter Verified Paper Ballots.

I invite you to join us for the Moore For Georgia
Campaign Kickoff event on Sunday, October 18th,
from 6pm to 8pm.  Location and details are at:
<http://MooreForGeorgia.com/kickoff.html>

Any and all support is welcome!

With thanks for your attention,
Aaron Ruscetta, Technology Director,
Moore For Georgia Campaign Committee


==================
VoterGA Follow Up:
-- The full documentation of the case proceedings
and published court decisions from the VoterGA voting
rights law suit are available at <http://VoterGa.org>.
VoterGA is currently trying to decide if they should
take our voting rights case to the U.S. Supreme Court,
so if you can commit to financial assistance to that
cause, please email your pledge to <info at voterga.org>



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