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

[Jim Kinney]

What I read for the excerpt was "in order to make a ruling on this
there must be evidence of a problem. Because the system in question
produces no evidence of any kind, the court can not make a ruling at
all"

What this has the clear effect of is to throw this issue back at the
SOS and legislature bodies which is where it belongs.

The current voting system produces no evidence of a vote occurring
correctly or incorrectly.  The legal point that needs to be argued is
that there is no direct connection between a voter's physical marking
of a device and the actual indicator used to tally that marking. The
"vote" happens when a voter presses the button. It does not happen
when the software writes a file to a smart card.

So Aaron's call to use a paper ballot is the only viable solution to
this matter for the immediate future.

On Sun, Oct 18, 2009 at 2:09 PM, aaron <aaron at pd.org> wrote:
>
> On 2009, Oct, 18, , at 11:10 AM, Jim Lynch wrote:
>
>> aaron wrote:
>>> 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 think the supreme court is probably right, actually.  While it's a
>> catch 22 for sure and not the most desirable outcome it's not
>> wrong.  In
>> the case, like this one,  where the laws don't provide for a
>> solution to
>> a catch 22 situation, the laws need to be changed or  enacted.
>>
>> Rather than faulting a court for a bad judgment, we need to educate
>> our
>> legislators and encourage them to  enact laws  favorable to a
>> system of
>> voting that will eliminate or reduce voter fraud.
>>
>> Unfortunately mixed up in that debate seems to be bias issues that
>> will
>> preclude any meaningful changes.  Anything that might seem to bias
>> votes
>> in the direction of on or the other party will result in the other
>> party
>> killing or rendering the law ineffective.   Neither party wants to
>> eliminate fraud because to do so would also restrain that party from
>> implementing fraud to sway an election.  Remember most of the
>> legislators got where they are, not by being straightforward and
>> honest,
>> 'cause that doesn't win elections.  Cheating, lying and fraudulent
>> behavior result in positive election results!.
>>
>> JIm.
>
> Thoughtful points, but it is my understanding that existing
> voting laws DO empower the courts to take action when the
> State is impeding the rights of voters to cast their ballots
> with the assurance that their votes are accurately counted.
>
> With the current Georgia voting systems, under full admission of
> the State defendants, assurance that the votes are counted is clearly
> not the case, and the court claim of "no standing" borders on criminal
> dereliction of duty.
>
> peace
> aaron
>
>
>
>
>
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-- 
-- 
James P. Kinney III
Actively in pursuit of Life, Liberty and Happiness