Voter Action On the Job
The court sends the case back to the state, thwarting SOS McPherson, July 18, 2006. California Diebold Suit Remanded Back to State Court
As a first-step to victory in a California voters' lawsuit against Secretary of State Bruce McPherson to block the State's use of Diebold touch-screen electronic voting systems – which have a well-documented history of security, reliability, and verifiability problems – the United States District Court in Oakland today entered an order remanding the voter plaintiffs' lawsuit to the California Superior Court in San Francisco, where it was originally filed on March 21, 2006. The Court's decision in Holder v. McPherson, et al. rejected an effort by California Attorney Bill Lockyer, Secretary of State McPherson's attorney, to transfer the case from state to federal court.
http://www.voteraction.org/States/California/CA_legal.html This decision protects the state's right to protect their elections Had the Secretary of State and Attorney General succeeded, the courts of their own state would have been stripped of their power to decide whether California's constitution and election laws prohibit use of Diebold touch-screen electronic voting machines, which are vulnerable to hacking, losing and switching votes, and are difficult if not impossible to audit," said Lowell Finley, co-counsel for the California voter plaintiffs, co-director of Voter Action, and election law expert.
"The only thing they gained was months of delay, leaving voters and county elections officials uncertain about what voting equipment they will be using in the November elections".
"The California voter plaintiffs have a powerful and well-documented challenge to the Secretary of State's illegal certification of the Diebold touch-screens.The Secretary of State is asleep at the switch, and only the court can prevent a train wreck in the November election," said Lowell Finley.
http://www.voteraction.org/States/California/Documents/Legal/7_18_06_1.html Thank you Voter Action!