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A Fair and Balanced Look at the DoJ's HAVA Lawsuit Against NY

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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-24-06 05:08 PM
Original message
A Fair and Balanced Look at the DoJ's HAVA Lawsuit Against NY
Edited on Fri Mar-24-06 05:14 PM by Bill Bored
NY: The DoJ's got NOTHIN'! (And they know it!):rofl:

As this author predicted, the evildoers in Abu Gozales's justice department are backing off from requiring the great state of NY to FULLY COMPLY with the anti-Constitutional provisions in the Orwellian Help America Vote Act by this year's Primary Election in Sept.

The suit, which among other things, could have required the state to waste millions of taxpayer dollars on the purchase of insecure, unreliable, riggable and exploitable electronic voting systems, which have been known to be extremely problematic in other states -- possibly affecting the outcome of elections -- continues. But the following report issued by New Yorkers for Verified Voting indicates that Abu and the rest of the Shrubbies are backing off a bit.

I suspect it's because they know they don't have a case. Never did. Never will.

After all, what court in its right mind would sanction the replacement of relatively reliable, relatively secure, and relatively accurate mechanical lever voting machines with open-source hardware that can be readily inspected at any time before, during or after an election, with unreliable hardware and secret vote counting by private corporations using proprietary software that can only be audited randomly with paper trails and can only be inspected upon certification or under a court order in the event of a contest of election?

Here is the memo from New Yorkers for Verified Voting detailing the latest developments in the DoJ's non-case. Stay tuned for more Fair and Balanced coverage of this most important development.

Meanwhile: NY! :loveya: -- STILL PROUD TO BE HAVA-FREE!:patriot:

(Fair and balanced.)


From: New Yorkers for Verified Voting, www.nyvv.org
March 23, 2006

The Motion to Intervene in the Department of Justice/NYS HAVA lawsuit filed
by New Yorkers for Verified Voting, the League of Women Voters of New York
State, and other New York State citizens was denied today in U.S. District
Court. Judge Gary Sharpe expressed concern about keeping the case from
getting unwieldy if too many parties became involved. The Court held open
the possibility that the proposed Intervenors may be allowed to participate
later, at a point when a specific plan for HAVA compliance has been
proposed.

In another positive development, Judge Sharpe pressed the Department of
Justice (DOJ) to concede that it is not seeking to force the remedy called
for in the original complaint, which called for "full and complete" HAVA
compliance by September. The DOJ attorney signaled that they do not intend
to try to force full compliance this year, and understand that there are
physical constraints on what could be realistically accomplished in the
remaining time.

In a new development, the Court ordered the State Board of Elections to
produce a proposed compliance plan by April 10. The Department of Justice
will then have 10 days to react. At that point, the Court will evaluate the
plan and determine how to proceed. The State Board has indicated that it is
still working out the details of an interim solution.

"Our constitutional right to vote and to have those votes accurately counted
must be protected." said Bo Lipari, Executive Director of New Yorkers for
Verified Voting. "We believe that our Motion to Intervene should have been
granted, so that New York State citizens have a voice in the outcome.
However, we are encouraged that the Court has held the door open for us to
participate later, when a specific plan is on the table."

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EST Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-24-06 05:17 PM
Response to Original message
1.  Maybe I'm a little too jaded.
This does not sound even a little positive to me. Perhaps a little sour grapes. The judge sain "NO!" you cannot get involved! Spin is still spin, no matter who does it.
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OnTheOtherHand Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-24-06 05:23 PM
Response to Reply #1
2. no, not that part
I don't think the press release intended to say 'it's positive that we can't get involved' (although it does read that way). Try adding a comma: "In another, positive development...."
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-24-06 05:53 PM
Response to Reply #1
5. Trials involve lots of motions, lots of different tactics tried, and in
this kind of case, lots of different interests. It IS good news that the judge did not rule out future intervention. I don't much care for the tone of the judge either--as if HAVA were sacrosanct and that piece of crap legislation should be given any weight by anybody who is serious about democracy. On the whole, I'd say they've got a bad judge--or maybe, these days, one should say TYPICAL judge (can't see the forest for the trees) (i.e., private, partisan, Bushite corporate control over the tabulation of our votes, with "TRADE SECRET," PROPRIETARY programming code, with virtually no audit/recount controls. I mean, come on...).

:think: :patriot: :argh: :patriot: :think:
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-24-06 06:12 PM
Response to Reply #5
6. On second thought, I beginning to think we missed a Bill Bored joke!
:rofl: :banghead: :rofl: :banghead: :rofl: :rofl: :rofl:
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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-24-06 06:23 PM
Response to Reply #6
7. Thanks for another fair and balanced critique! nt
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djg21 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-26-06 01:53 PM
Response to Reply #5
14. You are wrong.
Edited on Sun Mar-26-06 01:56 PM by djg21
Judge Sharpe is an incredibly pragmatic judge, who is perfect for this case. He merely recognized that the proposed intervenors would only complicate the proceedings at this early stage, and it is likely that he'll invite them to particpate at the remedy stage by supplying the court with an amicus brief. These are good developments, and the interests of all voters will be adequately protected.

For what it's worth, the only issue in this case is disabled-accessible voting machines, which are not even wanted by the vast majority of NY's disabled community! Most permanently disabled voters prefer to vote by absentee ballot. The irony here is that DOJ is attempting to vindicate rights that virtually no one wants!
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-24-06 05:43 PM
Response to Original message
3. Good news in one of the greatest fights for our democracy ever waged!
Edited on Fri Mar-24-06 05:43 PM by Peace Patriot
I'm thinking somebody ought to challenge HAVA directly as unconstitutional. The Constitution gives power over election systems to the states, not to the Congress. HAVA is an usurpation of that power.

In Pennsylvannia, Gonzo/DoJ is also assaulting states rights over election systems--opposing a law that requires voter approval of any big changes in the election system.
www.votepa.us (well-organized local group of citizen activists in Pennsylvania, where important legal issues are at stake, including state's rights over election systems)

More good breaking news of voter resistance:

Californians sue the state over Diebold:
www.VoterAction.org--just announced--suing the state of California and 18 Calif county registrars on behalf of 25 California voter/plaintiffs, on the illegal Diebold "certification".
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2180496

Maryland rejects Diebold:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x418263

Florida - anti-trust accusations against Diebold, ES&S and Sequoia:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2183630

---------------

Additional resources:

www.votersunite.org (MythBreakers - easy primer on electronic voting--one of the myths is that HAVA requires electronic voting; it does not.)
www.verfiedvoting.org (great activist site)
www.votetrustusa.org (news of this great movement from around the country)
www.UScountvotes.org (statistical monitoring of '06 and '08 elections)
www.solarbus.org/election/index.shtml (fab compendium of all election info)
www.freepress.org (devoted to election reform)
www.bradblog.com (also great, and devoted to election reform)
www.TruthIsAll.net (analysis of the 2004 election)* :patriot: :applause: :patriot:
Sign the petition (Russ Holt, HR 550, great bill-has 169 sponsors). http://www.rushholt.com/petition.html
www.votepa.us (well-organized local group of citizen activists in Pennsylvania, where important legal issues are at stake, including state's rights over election systems)

www.debrabowen.com (Calif Senator running for Sec of State to reform election system)
www.johnbonifaz.com (running for Massachusetts Sec of State on strong election reform and antiwar platform)

*Some tributes to TruthIsAll, who is very ill:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x417007
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x417231
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x675477

Also of interest:

Bob Koehler (-- four recent election reform initiatives in Ohio, predicted to win by 60/40 votes, flipped over, on election day, into 60/40 LOSSES!--the biggest flipover we've seen yet; the election theft machines and their masters are now dictating election policy!)
www.tmsfeatures.com/tmsfeatures/subcategory.jsp?file=20051124ctnbk-a.txt&catid=1824&code=ctnbk

Bob Koehler's latest: "Take this box and stuff it" (3/16/06)
http://commonwonders.com/archives/col337.htm

Amaryllis (Diebold, ES&S, Sequoia lavish lobbying of election officials - Beverly Hilton, Aug. '05)
www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x380340

------------------------------------------------

Throw Diebold, ES&S and ALL election theft machines into 'Boston Harbor' NOW!

:think: :patriot: :woohoo: :patriot: :think:
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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-24-06 05:46 PM
Response to Original message
4. lets see what happens Kn R
eom
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Kurovski Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-25-06 04:22 PM
Response to Original message
8. K&R(nt)
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Time for change Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-25-06 05:03 PM
Response to Original message
9. Thanks for all your work to keep elections fair in NY
We couldn't very well afford to NY vote for Jeb in 08.
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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-25-06 10:19 PM
Response to Reply #9
12. You mean that guy on the Beverly Hillbillies?
"The Ballot of Jeb Bush" Parody by Robert J. Pagliaro

http://www.amiright.com/parody/misc/paulhenning2.shtml

Come and listen to my story about a man named Jeb
Unknown son who left Brother Dub-a-ya for dead
And then one day while eatin' with the 'rents
Barbara said she wanted two pres-i-dents
Both Bushes, that is. George and Dub-ya

Well the next thing ya know little Jeb's on the go
Kin folk said, "Jeb win it for your bro"
Said Palm Beach is the place it ought to be
So they loaded up the wagon with votes from the el-der-ly
Blue Hairs, that is. Gore pros, Hitler Foes.


Ole Dubya got the mansion, Greek letters on the door
And now the rest of the country is really really poor
Lotsa folks objected but the Bushes found no fault
'Cause little brother fixed it and never got caught
Chads, that is. Fuzzy Ballots, Close the polls.

And now it's time to say hello to Jeb and all his kin
They'd like to thank Ralph Nader for helpin' them to win
Y'all can vote again someday the fix will still be in
And stranger things have happened so even Jeb might win.
Dynasty, that is. Monarchy, Texas Style.
Y'all come back now, hear!


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Time for change Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-26-06 08:22 AM
Response to Reply #12
13. Yep, that's the one I was talking about n/t
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Robert J. Pagliaro Donating Member (1 posts) Send PM | Profile | Ignore Thu Jun-22-06 11:14 AM
Response to Reply #12
15. Thanks
Bill - just a quick note of thanks for posting my parody (with attribution too!). Thanks again. bob
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BeFree Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-22-06 11:40 AM
Response to Reply #15
16. That is great, thanks, bob
And lets hear it for the Yankee ingenuity. They held back the HAVA machine while everyone else got steam rolled.
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Amaryllis Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-25-06 07:43 PM
Response to Original message
10. You talking about the Hack America's Vote Act, Bill?
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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-25-06 10:11 PM
Response to Reply #10
11. Good one! But I'm trying to be fair & balanced here! nt
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