David Van Os is running for Attorney General of Texas. Following is his e-mail to supporters regarding his stance on BBV:
Article 6, Section 2 of the Texas Constitution states:
"The privilege of free suffrage shall be protected by laws regulating elections and prohibiting under adequate penalties all undue influence in elections from power, bribery, tumult, or other improper practices."
Article 6, Section 4 states:
"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."
The Democrat who -- with your help -- is going to take office as the new Attorney General in January 2007 is of the opinion that voting technology that does not allow the voter to confirm that the electronic ballot is being marked in accordance with the voter's intention violates these provisions of the Texas Constitution.
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Federal law does not require that there be no verifiable paper trail, but it apparently does not require that there be one. In the federal law's silence, the Texas Constitutional provision cited above governs.
After the embedded corporate media and the Republican Secretary of State declared the results of the November 2004 election, the press started calling me that Tuesday night and asking me if I was ready to concede in my candidacy for the Texas Supreme Court. In response, I issued a public statement & press release stating that I could not in good conscience concede an election in which millions of voters cast their votes on machines that did not allow them to know whether or not the machine recorded their votes as they intended.
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