NCEL TO GO TO A JURY TRIAL in early 2011!
12 ORDINARY AMERICANS WILL DECIDE
IF ELECTRONIC VOTING MACHINES ARE
CONSTITUTIONAL!
CURRENT STATUS:
The NCEL lawsuit is now in the "discovery" phase.
Expert witnesses are being hired and prepared.
Numerous discovery requests for NY state Defendants
have been met with high levels of resistance.
To date, Defendants have produced NO documentary evidence claiming they (the state) have a RIGHT to keep all the state's evidence highly confidential and controlled by strict limited access procedures.
The absurd claim is essentially that the New York state Board of Elections can treat its public records regarding administration of the New York election laws as a state secret. The NCEL Plaintiffs, of course take strong offense at this claim.
As of 5-28-2010, the confidentiality issue remains under judicial appeal.
A separate May 2010 discovery Court Order instructs the state Defendants to turn over, and make available, samples of both the electronic and mechanical voting machines approved for use in New York.
PLEASE consider donating to help finance the NCEL lawsuit.
It will require a financial warchest of signicant size to fund the ongoing trial costs which include at a minimum: legal assistance, expert witness fees/travel/etc., document reproduction and management, trial preparation, information technology support/expenses, exhibit production costs, etc.
To insure that your donation is exclsuively reserved for funding the NCEL lawsuit, use the special PayPal button on this blog's home page.
This is a once-in-a-lifetime chance to finally rid our elections of fraud, tampering and error. It's time to publicly count every paper ballot by hand.
Sunday, May 16, 2010
It All Started in Iowa
[Original Article: http://www.wethepeoplefoundation.org/UPDATE/Update2007-08-15.htm ]
August 2007
Last Thursday, two days before the August 11th presidential Iowa Straw Poll, Bob Schulz and seven other Plaintiffs filed suit in federal court in Des Moines, Iowa seeking to permanently prohibit the state of Iowa from conducting any Straw Poll, Caucus, Primary, Special or General Election unless the voting and vote counting was open, verifiable, machine-free, and computer-free.
Besides WTP's Schulz and Condit, the Plaintiffs include five citizens of Iowa (Jenneifer Maki, Pam Wagner, Troy Reha, Roger Leahy and Ginger Corbett) and one from Connecticut (Walter Reddy).
On Friday afternoon USDC Judge Gritzner heard arguments for two hours on the motion to change the voting procedures. He then issued his decision denying the motion. He did not dismiss the case. The case for a permanent injunction against elections in Iowa that are not open, verifiable, machine-free and computer-free will continue.
Click here for a copy of the transcript of the hearing and for a copy of the Judge’s decision.
Late Friday night, Schulz filed an emergency Appeal to the Eighth Circuit Court of Appeals in St. Louis to issue the injunctive order. On Saturday, the Appeals court likewise denied the request.
August 2007
Upon filing the suit, the Plaintiffs formally asked the Court for emergency injunctive relief, i.e., to order state election officials to modify the voting procedures for the Iowa Straw Poll to insure the validity of the voting process.
Specifically, the desired order sought to eliminate the use of Diebold voting machines that had been officially decertified by the state of California on August 3rd, to assure that the ballots were never out of public view, to force state election officials to publicly hand-count the ballots at each voting station and to announce the results and to conduct the tabulation of the vote station subtotals under full public observation.
Specifically, the desired order sought to eliminate the use of Diebold voting machines that had been officially decertified by the state of California on August 3rd, to assure that the ballots were never out of public view, to force state election officials to publicly hand-count the ballots at each voting station and to announce the results and to conduct the tabulation of the vote station subtotals under full public observation.
Besides the Complaint and the motion for emergency protection, a Declaration by James Condit, Jr. was also filed. Condit, familiar to many advocates of constitutional government, founded Citizens For A Fair Vote Count. He resides in Cincinnati, Ohio.
At 8:00 am on Friday, the District Court telephoned the parties to say Judge Gritzner had ordered a hearing at 1:30 pm that day on Plaintiffs emergency request for a change in the voting procedures.
Shortly after 10:00 am, the Defendants filed a Motion to Dismiss the case.
On Friday afternoon USDC Judge Gritzner heard arguments for two hours on the motion to change the voting procedures. He then issued his decision denying the motion. He did not dismiss the case. The case for a permanent injunction against elections in Iowa that are not open, verifiable, machine-free and computer-free will continue.
Click here for a copy of the transcript of the hearing and for a copy of the Judge’s decision.
Late Friday night, Schulz filed an emergency Appeal to the Eighth Circuit Court of Appeals in St. Louis to issue the injunctive order. On Saturday, the Appeals court likewise denied the request.
The Voting Machines Failed
As Plaintiffs had predicted, there were indeed significant problems counting the votes cast at Saturday's Iowa Straw Poll.
After delaying the release of the voting results an hour and a forty minutes beyond the planned 7 PM announcement time, state election officials were forced to admit repeatedly to the press that there were vote machine malfunctions and that (at least) 10% of the ballots had to be counted by hand.
By using the flawed Diebold machines and by tabulating the totals behind closed doors, Iowa election officials have caused significant confusion, frustration and distrust of the results.
After delaying the release of the voting results an hour and a forty minutes beyond the planned 7 PM announcement time, state election officials were forced to admit repeatedly to the press that there were vote machine malfunctions and that (at least) 10% of the ballots had to be counted by hand.
By using the flawed Diebold machines and by tabulating the totals behind closed doors, Iowa election officials have caused significant confusion, frustration and distrust of the results.
Unfortunately, because the Straw Poll has been well established as an early and influential political event in culling the field of presidential candidates, the inability of Iowa election officials to secure a constitutionally verifiable vote will leave an enduring legacy upon our entire nation.
Here is just a sampling of the news reports detailing the machine failures and vote recounts:
Des Moines Register, United Press International, Chicago Tribune, CNN
And for your further thought, consider this:
On Friday, April 13, 2007, Romney For President issued a press release announcing its Story County (Iowa) “Leadership Team.” The press release named Defendant Mary Moisman, the Story County Auditor, as part of its Leadership Team.
Des Moines Register, United Press International, Chicago Tribune, CNN
And for your further thought, consider this:
On Friday, April 13, 2007, Romney For President issued a press release announcing its Story County (Iowa) “Leadership Team.” The press release named Defendant Mary Moisman, the Story County Auditor, as part of its Leadership Team.
Mary Moisman and her staff were in charge of providing the Diebold voting equipment, as well as managing and auditing the operation and results of the Iowa Straw Poll, which was purportedly won by candidate Mitt Romney.
Subscribe to:
Posts (Atom)
Posts
