Bravo! Austin NAACP, Sonia Santana, Nelson Linder, and Jim Harrington

[David Van Os]

I'm not the only one who filed suit yesterday in the voting machines case. I am one of four plaintiffs. Also suing are the Austin NAACP and its marvelous president, Nelson Linder, and the magnificent activist and DU'er Sonia Santana.

Joining this lawsuit is another example in the Austin NAACP's long tradition of rising to the occasion on the biggest civil rights issues. For example, the Austin NAACP is responsible for the Sweatt v. Painter lawsuit that paved the way for Brown v. Board of Education. It was also a moving party in the Regester v. White lawsuit that resulted in the first Supreme Court decision in favor of single-member election districts. My Life Membership in the NAACP is through the Austin branch, and I have never been more proud of my branch than I am today. Nelson Linder, the current president, is a tireless community advocate for the rights and liberties of not only people of color, but all people. Whenever justice needs advocacy in the Austin area, Nelson is always there.

And what else can be said about Sonia, in addition to the well known fact that she is one of the most dynamic, courageous, and tireless sheroes for social justice and political progress living in Texas today? I am extraordinarily fortunate to be able to enjoy a share of her energy through her volunteer membership on my campaign steering committee.

Big kudos go to Jim Harrington and the Texas Civil Rights Project. The Texas Civil Rights Project, founded in 1990, is one of the leading nonprofit civil rights organizations, always on the cutting edge. Jim Harrington is the TCRP's first and only legal director. Jim's pathbreaking civil rights suits re-wrote Texas Constitutional law in the 1980s and 1990s - for example, he undertook and won the lawsuits that obtained equal rights under the law for farmworkers under the Texas Constitution in unemployment compensation and workers' compensation, and the lawsuit that confirmed a fundamental right of privacy under the Texas Constitution.

No lawyer or legal scholar in Texas knows more than Jim Harrington does about the Texas Constitution, and no lawyer has done more than Jim to validate its meaning in the courts. When I wanted to find a lawyer to represent me in a suit over electronic voting machines who would understand my Texas Constitutional argument about the issues, Jim Harrington was the first one I thought of. After hearing me out, Jim readily agreed to take the case. Jim Harrington is one of the truest and greatest warriors for justice of my generation, and I am profoundly grateful that he agreed to handle this case and to commit the Texas Civil Rights Project to its pursuit.

Again, let me express my greatest of appreciation and gratitude to Sonia Santana, Nelson Linder, and the Austin NAACP for putting themselves on the line and offering to step up and join in as plaintiffs in the suit, and to Jim Harrington and the Texas Civil Rights Project. I am proud to be associated with them.

Without a secure ballot, there is no democracy. Without democracy, what are we?

[acmejack]

1. You four are patriots!

I thank you on behalf of all Texans, it is a shame so many are disengaged to the point they will never know of your efforts on their behalf. As to your final question, that answer is easy, without democracy we are Bush republicans, just like the crowd in power now, devoid of honor and principles, caring only for money, power and privilege. One need only to take a look in Austin or Washington DC to find plenty of examples of this hypocritical breed.

[Melissa G]

2. All FOUR of YOU are GREAT!!!!n/t

[Czolgosz]

3. K & R (this really belongs on the greatest threads page)

[GOPisEvil]

4. Four plaintiffs; two of them DUers!

Thanks. All of you.

[cosmik debris]

5. David is too modest

Here is the link to the TCRP.

http://www.texascivilrightsproject.org/

The DONATE link is on the right.

You can if you want to.

[sonias]

6. Big Kudos to David Van Os

This was David's idea first. He promised he'd go after paperless voting as unconstitutional at his first filibuster and he's keeping his promise. David is a man of his word.

David did all the legwork to get Jim Harrington and Nelson Linder of NAACP on board. Jim is a great civil rights lawyer and this is right up his ally.

We're all just fighting them till hell freezes over, and then David is going to take the first shot at them on the ice.

I wanted to post a little of the petition here:

ORIGINAL PETITION To the Court:

Plaintiffs file this suit against Defendants for failure to provide voting procedures that ensure their right to a properly counted vote, and a fair and secure election. Plaintiffs seek injunctive and declaratory relief. Plaintiffs allege the paperless computerized voting machines in use today by Defendants violate their rights provided in the Texas Constitution and the Texas Election Code, requiring each vote be properly counted, verified, and protected. The current paperless computerized system used for voting in Travis County elections, and certified by the Secretary of State, violates Article I, §3 and Article VI, §4 of the Texas Constitution, and § 211 of the Texas Election Code.


CAUSES OF ACTION
I. VIOLATION OF PLAINTIFFS’ RIGHT TO HAVE A SECURE ELECTION IN ACCORDANCE WITH THE LANGUAGE OF THE TEXAS CONSTITUTION
23. The Texas Constitution (Article VI §, 4) guarantees a secure election process:
In all elections by the people, the vote shall be by ballot, and the Legislature shall provide for the numbering of tickets and make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot box; and the Legislature shall provide by law for the registration of all voters.

24. Defendants, in their official capacities, are responsible for ensuring that all election procedures comply with the Texas Constitution. The Constitution requires that fraud be detected and punished; and "the purity of the ballot box," preserved. If an election system does not protect this right, the County Clerk and the Secretary of State must change the election system.

25. The constitutional requirement to number the ballot tickets is for purposes of securing the integrity of the election process. This right is granted to assure the vote has been properly recorded as the voter intended, and to avoid inaccurate election results. See Reynolds v. Dallas County, 203 S.W.2d 320 (Tex. Civ. App. - Dallas 1947), writ ref’d on other grounds, 207 S.W.2d 362 (Tex. 1948); State ex rel. Barry v. Connor, 23 S.W. 1103 (Tex.1893). The lack of any paper receipt under the current system undermines the framers’ intent in writing this requirement into the Constitution. See Gray v. State, 49 S.W. 217 (Tex. 1899).

Sonia

[sonias]

7. Jim Harrington quote

"Either the Legislature has to do something about it or the courts will," said Jim Harrington, the project's director. The group hopes that the upcoming court date, which is set for July, will affect elections in November.

"As long as you have questions about the integrity of the vote, voters won't have confidence in the integrity of the system," Harrington said.

One other thing Jim pointed out in the press conference was the Equal Protection Clause, because some voters in Texas have better protection with paper ballot systems, than those of us forced to use e-voting paperless systems.

Sonia

[GOPisEvil]

8. There's a common sense angle to this as well.

Namely, how does one conduct a manual recount of electronic ballots? If I'm a candidate in a close race, how can I really be sure of any recount if the only thing done is running the tabulation program again? This is why the paper ballot should be the instrument of record (as I preach to the choir).

[VelmaD]

10. Andy is looking down at you...

and smiling. I know it.

[Melissa G]

9. Great Quotes Sonia! Way to be there n show them some feisty Latina spirit!

Good to have a Comadre in this fight!:yourock:

[silverlib]

11. I am so awed!

Thank you for letting me know you, David and Sonia. Two out of four ain't bad and you make me proud!

[WatchWhatISay]

12. Hey David

Sorry I never got to talk to you personally last weekend, but I did have a short, sweet visit with Rachel.
I only caught the end of your speech at the convention. Is it online anywhere?

I am planning to go to the fundraiser in Montgomery County next week though, so I'll see you soon.
Charlotte Cox

[NoPasaran]

13. Van Os speech is here

http://www.canofun.com/cof/forums/thread-view.asp?tid=16403&mid=98748

[derby378]

14. All of you ROCK!!

:headbang: :headbang: :headbang: :headbang: :headbang: :headbang: :headbang:
(Just pretend that Song 2 by Blur is playing in the background)
:headbang: :headbang: :headbang: :headbang: :headbang: :headbang: :headbang: