Great court victory in PA for voters vs un-audited voting machines.

[Stevepol]

This really does sound like a "great victory" in every way. Maybe the courts are finally taking the blinders off.


Court Recognizes Pennsylvania Voters' Right to Reliable, Secure Voting Machines

'Great Victory' in Challenge to Use of Systems in 56 Counties Statewide

PHILADELPHIA, April 12 /PRNewswire-USNewswire/ -- A Pennsylvania court
held late today that voters have a right under the commonweath's
constitution to reliable and secure voting systems and can challenge the
use of electronic voting machines "that provide no way for Electors to know
whether their votes will be recognized" through voter verification or
independent audit.
The ruling by the Commonweath Court allows the continuation of a suit
filed last year by 26 individual Pennsylvania voters against the Secretary
of State that challenged the certification of Direct Electronic Voting
systems (DREs) used in 56 counties across the state.
"This is a great victory for Pennsylvania voters," said Mary Kohart, a
partner at Drinker Biddle & Reath LLP, one of the lawyers representing the
group of voters. The case, which ultimately seeks the decertification of
the DREs, was also brought by the Public Interest Law Center of
Philadelphia (PILCOP) and Chester County attorney Marian K. Schneider.
The 4-3 decision was sharply critical of the Pennsylvania Secretary of
State's actions in certifying the DREs. Judge Rochelle Friedman, who
authored the majority opinion, noted the certification was the result of
"deficient examination criteria" which "do not approximate those that are
customary in the information technology industry for systems that require a
high level of security."
"Because Electors have no way of knowing whether their votes will be
honestly counted by DREs that are not reliable or secure and that provide
no means for vote verification or vote audit," the voters sufficiently
raised a violation of the Pennsylvania constitution in their suit, the
court declared.
"Across the country, both state legislatures and Congress are realizing
that DRE voting systems cannot be trusted," said Michael Churchill, a
lawyer with PILCOP. "More and more states are requiring optical scan paper
ballots that voters mark directly or through a ballot-marking device.

snip...

Holly Jacobson, co-director at Voter Action, noted that good
alternatives exist to the unreliable electronic voting machines: "Paper
balloting, with ballot marking devices for the disabled, is a more secure
and accountable option, which is why states like Michigan and New Mexico
and others, in addition to hundreds of counties around the country,
switched in time for last November's elections."
Kohart noted that in light of today's court ruling so clearly
establishing the law, "We hope that the Secretary will think about a quick
settlement of this case."

Link: http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/04-12-2007/0004564747&EDATE

[emlev]

1. It's about time our side got a ruling like this!

Today PA, tomorrow the nation.

The tide is turning against these horrid disenfranchising machines.

[WillYourVoteBCounted]

2. they had great attorneys!

way to go.

Effective representation.

Congrats.

[OnTheOtherHand]

3. URL of the ruling

http://www.courts.state.pa.us/OpPosting/CWealth/out/442MD06_4-12-07.pdf

[Stevepol]

4. Can't get the link to work.

[OnTheOtherHand]

5. seems to work for me, but try this tinyurl

http://tinyurl.com/ytmee4

[Stevepol]

9. Thanks. Still doesn't work, but I think it's my computer.

[bleever]

6. Here's a part I liked:

Electors have alleged an immediate interest by asserting that "each wants to cast a ballot" in future elections, and that "each wants their future votes to be properly counted and weighted." Thus, Electors have standing.

[bleever]

7. Citing the right to vote, and its abridgment:

Because Electors have a right to vote and Electors have no way of knowing whether using the DREs affords them that right, the Electors have pled the denial of a civil right under Article I, Section 26.

Accordingly, we overrule the Secretary's thirteenth preliminary objection.

[Lugnut]

8. All right!

This is great news for PA voters!