Where were we, Kerry and the DNC ? Sleeping, it seems
Lynn
InvestigatesLAWSUITS - Lynn filed two federal lawsuits gainst the
use of voting machines and absentee ballots. She's urging the
establishment of remote polling precincts for absentee voters.
http://www.ecotalk.org/Lawsuits.htm
Read the following for the most succinct explanation of Lynn's legal
strategy - Landes submits brief to United States Supreme Court -
Folks: This was a long shot, but I felt I had to do something.
Lynn // Returned for jurisdictional reasons.
NEWS:
* Nov. 6th update - Both federal district courts dismissed the lawsuits.
Lynn will appeal to the Third Circuit.
* Oct 18, 04: Journalist Requests Temporary Restraining Orders Against
Use of Voting Machines & Absentee Ballots - Urges Use Of Remote Polling
Precincts & Provisional Ballots
* July 2, 2004: PHILADELPHIA, Pa., July 2: Lynn Landes files federal
lawsuits against voting machines and absentee voting. The Complaints
were filed at the U.S. District Court for the Eastern District of
Pennsylvania against MARGARET TARTAGLIONE, Chair of the City
Commissioners of Philadelphia, PEDRO A. CORTES, Secretary of the
Commonwealth of Pennsylvania, and JOHN ASHCROFT, the Attorney General of
the United States.
Journalist Requests Temporary Restraining Orders Against Use of Voting
Machines & Absentee Ballots
Urges Use Of Remote Polling Precincts & Provisional Ballots
http://www.ecotalk.org/LawsuitPressRelease10-18-04.htm
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, â says Landes. âIn 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.â
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.
âIt'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
