Alabama Supreme Court issues late night stay blocking preservation of Tuesdays digital vote records

[MaeScott]

Source: Alternet

The Alabama Supreme Court stepped into Tuesday’s U.S. Senate race between Republican Roy Moore and Democrat Doug Jones on Monday night by blocking a lower state court’s ruling earlier in the day that told statewide election officials to take steps to preserve digital images of every ballot cast Tuesday.

Read more: https://www.alternet.org/activism/alabama-supreme-court-issues-monday-night-order-blocking-best-practices-verify-vote

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This is how Trump won. Vote ain’t sacred.

[underpants]

1. W____T____F?!?!

Wholly cripes

[avebury]

3. That is an issue that the Democrats

need to own - the preservation of voting records. Only people interested in stealing elections would fight against it. It would make a great campaign issue after what happened in 2016.

[Arkansas Granny]

5. That's my take, as well. The only reason to not preserve the data

is if you plan to steal the election.

[forgotmylogin]

26. Right! Why would preserving records ever be an issue? n/t

If there is a SNAFU and no paper trail, this warrants an investigation.

Can we please at least trade in for some bad guys who err on the side of not looking totally guilty?

[brush]

33. Yep, this means they're going to try to steal it. Just like they did for trump and W twice...

not to mention their shennanigans in Iran for Reagan to win, and their shennanigans for Nixon to win.

The repugs have actually not won legitimately since Eisenhower back in the 50s, which is why they want to take us back there.

[Fullduplexxx]

2. Nothing says" we're not stealing an election " like this

[Soxfan58]

4. Moore wins!

Democracy loses. My deepest respect to the brave and hard working progressives in Alabama. I thought the Maine second district was bad, you guys must be living in a pure hell. Especially those who braved what must have been a very dangerous door to door campaign. And one other thing. I got to learn about Doug Jones and his civil rights past, a very impressive man.

[mac56]

6. Further proof that Republicans can't win a fair fight.

[tavernier]

7. Having read the article, I do understand their argument,

if in fact it is true that this “box check” in the voting equipment is something that must be done internally with the machinery, and most volunteers at polling stations don’t have that knowledge. The results could be a real disaster.

I think voter suppression is the more likely sin.

[concreteblue]

14. In Kentucky

In Kentucky, the company that has the contract to provide and maintain voting machines is required to send a trained tech to each polling location. It is a paid position. I was trained for this job and was a tech for 2 elections. I can check the box in the machine. I wonder if if Alabama has this requirement.

[questionseverything]

37. it's a switch, that could of been flipped

bama repubs are working over time to stop transparency

why this all matters is explained by du member brad blog

http://bradblog.com/?p=12402#comments

In his Dec. 11 Order Granting Preliminary Injunction, Judge Roman Ashley Shaul order simply required that all "counties employing digital ballot scanners in the Dec. 12, 2017 election...to set their voting machines to save ALL PROCESSED IMAGES in order to preserve all digital ballot images. This order applies to those machines that have such a setting and does not apply to any machine that does not allow for processed images to be saved."

The court noted that "there was little argument...that the law requires digital images to be preserved as a matter of Alabama law and Federal Law. The Secretary of State's Office..does have the ability to provide election information to election officials as a matter of course and routinely does so; and...all parties agreed that the relief requested would require nominal resources and cost on the part of the Defendants."

Subsequently, Greg Palast Tweeted that he had been informed by attorneys John Brakey and Chris Sautter that the GA Supreme Court had stayed Judge Shaul's order based up an ex parte complaint filed by the State.

If accurate, that is deeply troubling for two reasons.

(1) Under Rule 3.5 of the Alabama Rules of Professional Conduct, it is ordinarily unethical for an attorney to engage in ex parte communications with a judge --- communications about the substantive merits of litigation in which the opposition does not have adequate notice and opportunity to be heard.

2. Given the absence of significant costs and the clarity of the legal obligation to preserve the record, it is difficult to comprehend any reason for the stay --- other than a desire to preserve the ability of local election officials to alter the outcome of this pivotal election without leaving the evidence of that alteration for all to see via the preserved digital images.

[Augiedog]

8. So the fix is in. Maybe the supremes will each get a kiddie to diddle when the voting is done.

[bucolic_frolic]

9. Talked with an older lifelong Republican yesterday

who told me in no uncertain terms, "I will NEVER vote for another Republican!"

Said if Roy Moore gets in, we're all doomed. Trump has dementia, she said, and
has changed everything too radically.

Yup, Trump will breach every limit. Even the unaware are figuring it out.

[mountain grammy]

10. It's for god.. lie, cheat and steal..Praaaaaaaise Jeeeeeeesus!

[Achilleaze]

11. republicans got the FIX in

this is going to be another republican ream job of the voters

[barbtries]

12. so they'll steal it.

and the proof will never be available.

i am befuddled by the republican thing. it's like it's become a tribe, or a religion. people really are stupid. these republicans they vote for, lie for, cheat for, will put the screws to them as surely as they will to the sane majority.

[riversedge]

13. If there are state and Fed laws saying to preserve the vote count........how it that the AL

SC can ignore this?? sigh.



.......This is a real-time snapshot of how partisans hijack elections. The arguments put forth by Merrill’s attorneys are meant to sound neutral and technical, when actually they have explicit partisan conflicts of interest. These arguments clearly paper over the fact that the state has no intention of using best practices to ensure transparent vote counts, just as the state is willfully ignoring state and federal law to preserve all election materials as a public record.

Alabama has a long history of suppressing the vote, including the past decade, in which the GOP has used a menu of tactics from extreme gerrymandering to toughening ID requirements to get a ballot—and then closing the state offices that issue those IDs. But this last-minute intervention by the Alabama Supreme Court to muddy the vote count in a U.S. Senate race where a former chief justice is a candidate breaks new boundaries.

[spicysista]

15. yup.

They're not even trying to hide it anymore. If they have to take these sort of steps just to secure a blood red state like Alabama, it gives me hope that a blue tide is truly rolling in. Stay tuned, America. Get loud, make waves, and vote!

[safeinOhio]

16. Karma.....

Jones wins and repubs have no way of recounting the votes.


I can dream, can't I?

[Julian Englis]

17. This appears to be fake news. No news service has picked up the story

In this race a news service would have picked it up. There's no legal citation in the story. A report of this was locked earlier.
https://www.democraticunderground.com/10141937013

[questionseverything]

34. palast is good enough for me

In his Dec. 11 Order Granting Preliminary Injunction, Judge Roman Ashley Shaul order simply required that all "counties employing digital ballot scanners in the Dec. 12, 2017 election...to set their voting machines to save ALL PROCESSED IMAGES in order to preserve all digital ballot images. This order applies to those machines that have such a setting and does not apply to any machine that does not allow for processed images to be saved."

The court noted that "there was little argument...that the law requires digital images to be preserved as a matter of Alabama law and Federal Law. The Secretary of State's Office..does have the ability to provide election information to election officials as a matter of course and routinely does so; and...all parties agreed that the relief requested would require nominal resources and cost on the part of the Defendants."

Subsequently, Greg Palast Tweeted that he had been informed by attorneys John Brakey and Chris Sautter that the GA Supreme Court had stayed Judge Shaul's order based up an ex parte complaint filed by the State.

If accurate, that is deeply troubling for two reasons.

(1) Under Rule 3.5 of the Alabama Rules of Professional Conduct, it is ordinarily unethical for an attorney to engage in ex parte communications with a judge --- communications about the substantive merits of litigation in which the opposition does not have adequate notice and opportunity to be heard.

2. Given the absence of significant costs and the clarity of the legal obligation to preserve the record, it is difficult to comprehend any reason for the stay --- other than a desire to preserve the ability of local election officials to alter the outcome of this pivotal election without leaving the evidence of that alteration for all to see via the preserved digital images.

[scipan]

39. The Hill and al.com (alabama paper) have it.

[bobbieinok]

18. They are just BLATANT!! Where's the 24/7 outrage?!?

[Julian Englis]

19. Where's the evidence it's true? A google search shows only two citation-free reports of this n/t

[dalton99a]

20. Making Alabama Great Again

Disgusting

[TheBlackAdder]

21. A sane person would ask, "What's the harm in preserving the data?"

[annabanana]

22. HEY MSM!!!

Might want to let the general populace know this...

[questionseverything]

35. palast and bradblog are trying to get it out there

http://bradblog.com/?p=12402#comments

[Javaman]

23. hope you enjoyed your democracy.

what we are about to witness is the primer for our future fascist state.

[Mr. Sparkle]

24. This is proof , if proof were needed that they are tampering with the voting machines.

[spike jones]

25. December 12, 2000

It was 17 years ago today (December 12, 2000) that the United States Supreme Court decided that votes did not matter and selected GWB as president. And the streets were filled with the sound of silence.

[onecaliberal]

27. The fix is in. RIP America

[JunkYardDogg]

28. America does not have "Election Fraud", America has Fraudulent Elections

n/t

[dlk]

29. Looks Like There May Be Some Rigging in the Works

[bluestarone]

30. would it help if

OTHER states joined lower courts ruling?????? AND i gotta wonder why more thought wasn't given knowing THIS decision WOULD BE GOING TO ALABAMA SUPREME COURT??

[NCjack]

31. The paper ballots will be retained. If necessary, they can be rerun through

scanner and totalizer.

[questionseverything]

36. and the repub sos thanks you for your trust

In his Dec. 11 Order Granting Preliminary Injunction, Judge Roman Ashley Shaul order simply required that all "counties employing digital ballot scanners in the Dec. 12, 2017 election...to set their voting machines to save ALL PROCESSED IMAGES in order to preserve all digital ballot images. This order applies to those machines that have such a setting and does not apply to any machine that does not allow for processed images to be saved."

The court noted that "there was little argument...that the law requires digital images to be preserved as a matter of Alabama law and Federal Law. The Secretary of State's Office..does have the ability to provide election information to election officials as a matter of course and routinely does so; and...all parties agreed that the relief requested would require nominal resources and cost on the part of the Defendants."

Subsequently, Greg Palast Tweeted that he had been informed by attorneys John Brakey and Chris Sautter that the GA Supreme Court had stayed Judge Shaul's order based up an ex parte complaint filed by the State.

If accurate, that is deeply troubling for two reasons.

(1) Under Rule 3.5 of the Alabama Rules of Professional Conduct, it is ordinarily unethical for an attorney to engage in ex parte communications with a judge --- communications about the substantive merits of litigation in which the opposition does not have adequate notice and opportunity to be heard.

2. Given the absence of significant costs and the clarity of the legal obligation to preserve the record, it is difficult to comprehend any reason for the stay --- other than a desire to preserve the ability of local election officials to alter the outcome of this pivotal election without leaving the evidence of that alteration for all to see via the preserved digital images.

[Alice11111]

41. The had their Repub lawyers fighting every possible way

to diminish vote, enable cheating, and render opinions. I bet it was being written while they were waiting for the ex parte.

Just like 2016. Cheater of all types and levels, start your engines.

[Blue_Tires]

32. so the fix is in?

[avebury]

38. Correct me if I am wrong but are the US Supreme Court

Justices handed sections of this country to handle emergency filings? If so, would if be possible to file an emergency appeal to a SC Justice to overturn the Alabama SC ruling?

[Alice11111]

40. Yes, but SCOTUS would decide to take it or not. Bush v Gore

Even if SCOTUS took it...Gorsuch.

...which also means there isn't much point in looking at it, if SCOTUS just upheld the Alabama Court.

[RandomAccess]

42. Damn, damn. damn.

DAMMIT all to hell. And damn those who voted to do this.

[EarthFirst]

43. The absolute BEST democracy money can buy!

What a fucking shame...

[Akoto]

44. After all of the issues with vote counting and tampering the last election...

This would look highly suspect to anyone in a very contentious race, with one candidate being an accused sexual predator, no less.

If it's tight enough that verification is needed but can't be provided due to this ruling, I can see all kinds of court battles to follow. They were asked to preserve images of the votes to prevent tampering like we had last time, and the court interfered to block that. It's on the court's heads if there are serious questions.

Should this be real (someone else noted major media outlets haven't picked this up), and if I were a lawyer on the Dem side, I'd be calling the next step up for an emergency appeal of this ruling right now.

[colsohlibgal]

45. The Truth Is....

There is no non nefarious reason for them to rule that way that I can think of.

Alabama, probably the highest racist rate per capita in the US.

Hopefully somehow Jones wins.