Bev Harris, Jim March hit Diebold with lawsuit, seek restraining order

[BevHarris]

Monday Feb. 16, 2004 - announcement
You're Gonna Get a Visit: From the Process Server
More: http://www.blackboxvoting.org

Bev Harris and Jim March are seeking a restraining order against Diebold Election Systems — On Tuesday at 9:45 a.m. at the Sacramento Superior Court (Dept. 53, on 800 9th St., Sacramento California) Plaintiffs Jim March, Bev Harris, Joseph Holder, Jim Hamilton, Douglas McDonald, and the Community Labor Alliance will seek a restraining order against Diebold Election Systems.

Diebold attorneys have been sent a copy of this lawsuit (http://www.blackboxvoting.org/dieboldlawsuit.pdf), which seeks an order requiring the DIEBOLD defendants to disgorge and make restitution of any money or property acquired by means of their unlawful, unfair and fraudulent acts and practices.

The attorney representing Harris, March, et. al. is Lowell Finley, who recently won the $4 million campaign finance violation suit against Arnold Schwarzenegger.

Washington Secretary of State Sam Reed has also received a lawsuit (http://www.blackboxvoting.org/reedlawsuit.PDF), by Andy Stephenson (http://www.andystephenson.com) on behalf of the People of the State of Washington, seeking decertification of the GEMS 1.18.18 system that was improperly certified and has now been used in two elections. In Washington state, contrary to state law, the firmware for the optical scan machines made by Diebold was never certified at all, and Stephenson's suit also seeks to require certification of all optical scan firmware before the next election.

10 California Counties Revolt Against Secretary of State

On Feb. 5, California Secretary of State Kevin Shelley ordered beefed-up security measures for the March 2 primary election. Ten county elections officials have launched an open rebellion against these simple and important voting security safeguards. More at the web site.

Bev Harris

[Champion Jack]

1. wow! Way to go!

[Zinfandel]

2. That's what it is going to take because these slimes are going to stall

until after the election, when it may be too late...these fascist are not going to give up power, they are going to lie, steal and cheat, point the finger at the democrats, say they started it, they will say the democrats are mean, to slow them down...then smear the democrats behind their backs, they spy and steal critical information from the democrats, they will continue their electronic voting machines scam and hold off people concerned about the software until after the election, break laws and worry about it after the election, they will kill if they have to. Spend hundreds of millions of dollars to a very greedy corporate media.

Fascist care for only one thing, POWER!

Rove has a whole team of people coming up with ideas and getting ready to implant and set up to kick the democrats ass.

Fuck man, these people do not play fair, they play for keeps.

Wake up and not a moment too soon!

[fearnobush]

4. I fear Bushbold election rigging will spark a revolution after GE if

Rove's diabolical plans are ignored. Just sent the corporate media mail on their need to expose the truth, because it's their reputations at stake come the revolution which I really don't want to see.

[never cry wolf]

16. Welcome to DU, Zinfandel

And hearty congrats and thanks to Bev and Andy!!!

:hi:

[Andy_Stephenson]

19. Thanks Steviet....but...

Bev and Jim are the heros in this one.

[never cry wolf]

20. Sorry to have left out Jim, I agree

But you are a hero too, Andy!!

[Andy_Stephenson]

21. Gosh

Thanks.

[dixiechiken]

3. WOOHOO!! Here's hoping you bring 'em to their KNEES, guys!

And a huge THANK YOU to all of you for takin' it to the streets! :)


:yourock: :yourock: :yourock: :yourock: :yourock: :yourock: :yourock:

[OneTwentyoNine]

5. Oh yeahhhh Baby!!! GO GO!! nt

[AgadorSparticus]

65. HOT DAMN!!!!! GO KICK SOME BUTT!

Best wishes to you both on your journey.

[woofless]

6. Go Bev, Go Andy!

Super. Brilliant! I cannot wait to see Andy's name on the ballot in Nov. and am chomping at the bit to vote. Thank you for your tireless efforts.

Woof

[BevHarris]

10. Andy is picking up endorsements. Verified Voting? Listening?

He is picking up endorsements from many groups, across political parties. The 501c(4) status of VerifiedVoting does allow it to endorse candidates, and I'm hoping they'll select Andy Stephenson as their first formal endorsement. I cannot think of another candidate who has put as much effective action behind this issue as he has.

Andy's lawsuit is extremely important. In California, there is more support from public officials. In Washington state, the public officials have actually been breaking the law, and the only way to force them to comply with their own state regulations is to sue. Stephenson has done this, and, like Kucinich, this is LEADERSHIP.

[Andy_Stephenson]

15. Thank you Bev.

I would welcome an endorsement from VerifiedVoting. I would not let them down and would work hard to maintain the trust they place in me.

C'mon guys what do you say? Do I hear a second?

[dill]

25. Endorsing candidates

We endorse Andy (and Bev's) immense contributions to election integrity.

However, at this time, we've ruled out endorsing candidates, on principle. I'm worried that it will create lots of additional complications for us, including questions of partisanship, entanglement in other issues, deciding among candidates when several support (or claim to support) verified voting, etc. And I don't
want us to have to spend time discussing who to support instead of
working directly on the voting issue.

I personally applaud Andy's making an issue of verified voting in
his campaign for Secretary of State. I can't think of a more
appropriate way to raise the issue.

[hunter]

52. This post deserves a kick!

I'm not sure what kind of kick, but it does deserve a kick...

This is good.

[Andy_Stephenson]

18. Look for it in the Sept Primary

as well.

And if you can afford to help the campaign out...please, make a small donation...Every bit helps.

[nostamj]

7. it just gets better and better...

now buy the book!

[WarNoMore]

8. this thrills me to no end.

Every time I get excited or hopeful about the Dems' chance or the fantastic turnouts for the primaries, etc., I'm drawn up short by the realization that the BBV issue is still out there. How many elections do you figure this has happened (or how long) before the Florida fiasco?

[BevHarris]

9. We have concluded that litigation is the only way to go

We are modeling our approach on the litigation feeding frenzy that hit the tobacco industry.

Thanks, guys.

Bev

[frank frankly]

11. wow!

awesome. wow.

[mike1963]

12. Great news and a little

:kick:

[Judi Lynn]

13. It's simply wonderful. Best luck, everyone sensible is in your corner! n/t

[smirkymonkey]

14. Great Work!!

:toast: :party: :yourock: :loveya:

[leesa]

17. Bravo Bev Harris and Jim March. If we all survive this mess, and the

question comes up as to who to call the heroes, you are it! Thank you so much for your tireless effort!

[Room101]

22. Hell yeah Bev/godnbush I love you guys

:yourock:

[BevHarris]

23. About Jim March and Jody Holder

For those who don't know, Jim March is the walking proof that this is a nonpartisan issue -- he's a Republican-Libertarian gun lobbyist who is agitating rather brilliantly to restore clean voting procedures. Jody Holder has done some outstanding research --- his documents consistently identify key legal issues, and he also has an email list that he circulates information to.

Andy and I met Jim (all 6'4", 285 pounds of him) and of course, I've seen him since then since he lives in Sacramento where we are having the hearing tomorrow. Quite a funny guy, but he is also outspoken politically and managed to join DU and then get kicked off.

Bush is not the "great uniter" but the clean voting issue certainly is.

Bev Harris

[Andy_Stephenson]

24. Jim March rocks

the world, and soon California.

[slackmaster]

42. I've never met Jim in person but know his work well

Bev,

I'm glad to hear you have such broad-based support for your very worthy cause. Thank you so much for your work!

:toast:

[MrSandman]

69. Jim does seem to get the attention in California

Way to go

[oasis]

26. Keep on keepin' on.

[Andy_Stephenson]

27. Kick

:kick:

[StClone]

28. I don't have much but where do I send my donation?

Bev, et al. must need some financial support for their brave defense and dogged determination in this fight for Free elections!

Where do I donate?

[nostamj]

29. to donate...

www.blackboxvoting.org

(you can order a copy of Bev's book there too)

[Andy_Stephenson]

31. Hey nost

how are ya?

:loveya:

[nostamj]

35. hanging in

moving AGGRESSIVELY forward with my political revue.

almost set with a cast, have initial performance dates and space.

should have the musical director set very soon.

even got a logo! (as you can see in my sig line)

we're overdue for a chat!

[Andy_Stephenson]

37. Gimme a call...

would love to chat.

[GreenPartyVoter]

30. Good luck! :^)

[sonias]

32. Brilliant move!

My congratulations and big thanks for all the great work Bev has done with black box voting. And thanks to Jim March too for stepping up for what's right.

Good luck to us all.

Sonia

[Andy_Stephenson]

33. I just got off the phone with Bev....

She was headed into the court room...Giddy as a school girl...Now the waiting begins. Everyone...send the vibe to California...for a speedy demise to Diebold Election Systems...I am sitting on pins and needles right now. This is the opening salvo...more to follow.

God save us all.

[Andy_Stephenson]

34. Kick

:kick:

[donsu]

36. kick

nt

[Andy_Stephenson]

38. kick

:kick:

[burrowowl]

39. Kick!

[Andy_Stephenson]

40. The case was continued until tomorrow...

what is that all about?

Can't wait to hear all about it from Bev.

[JohnGideon]

43. It's All Over the AP News Wires

The case was set back until tomorrow due to a courtroom scheduling mix-up.

[tom_paine]

41. Much thanks to Bev, Andy and all the BBV warriors!

If the Old American Republic is restored (and yes, it's going to take a lot more than a Kerry victory in 2004, even if that is permitted by the Imperials), then you BBV folks will be heroes!

[Skittles]

44. BEV AND JIM, PLAYING HARDBALL

I APPROVE! :thumbsup:

[RedEagle]

45. Checked in with Bev briefly

I guess Diebold is NOT happy. ;-)

[nostamj]

46. and i talked with andy

diabold came in to court today... "lawyered up"

[Comadreja]

47. Too important not to KICK

[Andy_Stephenson]

55. Diebold not happy?

Aint that just too damned bad! hahahahahahahahahahahahahahaha

Bob...your gonna get a visit...real soon!

[indypaul]

48. You MUST check out series of reports

being carried on local WISH-TV (www.wishtv.com)click on
"Will Your Vote Count." There is interview with Purdue
Univ Prof Eugene Spafford (Director of Center for Edu and
Research in Information Assurance andSecurity (CERIAS).
Had undergraduate put together a "rigged" system in about
half-hour where every third vote for one candidate went
to that candidates opponent. "Were you to ask us to design
a program to do this and hide thecode that changed the
results, we could do that given about three days time."
This interview is loaded with info about the potential
manipulation of election results and is a MUST READ.
Implies that Stafford has consulted with other "computer
security expert colleagues such as Rebecca Mercuri (Harvard),
Avi Rubin (Johns Hopkins) and David Dill (Stanford).

[proud patriot]

49. Go get 'em Andy Bev and Jim

My best wishes .

[renegade000]

50. Kick

:kick:

[Imalittleteapot]

51. Excellent!!!!!!!!!!!!!

Bring em on.

53. Go for it!

Glad to hear this.

Once you get real mad about the voting machines, wait until you find out what they did with the US budget and Treasury!

Dan

[anarchy1999]

60. You are real bad.

Don't pop this bubble with BBV just yet.

But, yes, it is a distraction, isn't it.

God help us all when the whole truth comes out.

Can we say "Black Friday", The sequel or should it be "The Great Depression on Steriods"?

[BevHarris]

54. Well there was quite a crowd there today

Our attorney, Lowell Finley, is a David against their Goliath -- they came in with a whole baseball team full of lawyers and also, a bunch of the county registrars were there. I just got back online, have to upload the documents for the California revolt -- the counties are rebelling against the beefed-up security measures required by the secretary of state. Some of the county officials were very crabby today.

Diebold, on the other hand, was sweating the short timeline and I'm sure was delighted to get an extra day to prepare. With typical Diebold candor, I'm sure they will complain theatrically tomorrow about the "inconvenience" of the courtroom mix-up. Don't believe it for a minute -- I heard the lawyers stressing out about getting our filing with such short notice.

I have the main lawsuit up, but not the one for the preliminary injunction request -- it's short, tough, excellent.

Since I was up until 2 a.m. on the Coast to Coast show, I'm pooped and going to bed, but should have some time tomorrow morning to upload more documents.

Thanks for the support -- I am telling you I literally could not have gotten through the last year without Democratic Underground, which provided a set of colleagues and friends that I needed. The fantastic people I've met -- Andy Stephenson being one, Jim March another -- are lots of fun at the same time as being very, very good strategists.

Thanks, and I'll check in tomorrow -- or, probably, ask Andy to do so because I hope to be on the road to go back and snuggle up with my hubby.

Bev

[bobbyboucher]

56. Need help in Sacto?

I'm nearby and willing.

[Andy_Stephenson]

57. Fill the courtroom to capacity!

Bev and Jim need your support!

[anarchy1999]

58. Bev-can we follow your lead and make it happen in other states?

and make it happen in other states?

I'd really like to make it happen in Texas.

[Andy_Stephenson]

59. Coming to texas soon

You're gonna get a visit.



Edit: Besides...I want to see my Mom.

[anarchy1999]

61. Can you give more info, need help?

n/t--

Have a big network here, let us know.

[BevHarris]

62. Please -email your contact info to me in prep for Texas

Andy's right. He knows what the plan is. We are hooking up with citizens in a network of states. The call for attorneys that I put out about 7 weeks ago on Black Box Voting bore fruit.

Bev

[Andy_Stephenson]

63. Must Be in Court right now.

:kick:

[ewagner]

64. Congrats Andy & Bev

Nice job guys........

The subject is getting traction..............

[JohnGideon]

66. The Judge Denied the Lawsuit

http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/02/18/state1839EST0155.DTL

Not enough evidence that the machines can affect the election.

[hunter]

67. Not good...

You people who live in counties that are using these black box voting machines, please, please, lean as hard as you can on your county election officials. Show up in their offices asking questions, write letters to your local papers, tell your friends.

If we are not allowed to witness our own votes being counted and recounted, then we do not live in a democracy, and The United States of America, the one they taught you about in school, is DEAD.

[RedEagle]

68. Only the first inning in the game, more innings to be played

The judge ruled against the restraining order, more to come.

And the absentee ballot issue, isn't one.

Keep in mind that the time and JUDGE were changed at the last minute.


Keep up the letters and the campaign. You have county officials breaking state law. Take the issue to whoever appoints them or elects them.

And lobby for the posting of the reports at the polling place. It seems these officials are trying to avoid that like the plague.

Also need to ramp up citizen audits of the upcoming elections. Hint: It appears to be a felony for any vendor employee to touch a vote, i.e., voting machine, rovers who cell phone in results,... you get the idea.

If the county won't provide the security, the citizens need to insure the election is run properly.

And while you're there, take a copy of California state law and demand they post the tallies at the polling site.

It will be interesting to see the exuses they come up with with the law in front of their face.

It's only a punch of a button to run the tape.

And the optical scans can do it too.

If possible, vote absentee. It's not the best solution, but maybe if officials realize people don't want the darn DRE's, and they paid a lot of money for nothing....well, you get that idea, too.

[RedEagle]

70. More explanation here, so kicking it back up

Kick

[Andromeda]

71. You go Girl---er, and Guy too!

I can't believe the run-around you got at Riverside. Mischelle Townsend is a real piece of work. This whole thing is so surreal I can't believe that this is the United States of America. With all the secrecy, lack of cooperation and RUDENESS from an election official, a person put in a position of trust, you would think that someone behaving like that would be booted. If they want to maintain even a modicum of credibility why would they have somebody like Townsend there? And she called security on YOU!

There's lots and lots of cleaning up to do.

[dusty64]

72. Kick!

:kick: