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Departments Election Issues San Diego suit’s second hearing: Judge to rule next Tuesday on constitutional and jurisdictional questions From the courthouse by cell phone Contestant Barbara Gail Jacobsen reported, “Paul Lehto and Ken Simpkins represented us very well today in court. ‘We the People of this country decide on who is going to represent us, and it’s through making sure that our elections are sound that we can know for sure that we have elected people that we want to transfer power to.’” (Quote posted by Emily Levy at http://www.bradblog.com/?p=3328) Earlier this year, San Diego voters discovered these easily hackable, electronic voting machines were sent home with poll workers on “sleepovers” prior to the June 6th Special Election, violating state and federal laws. Ironically, the election was held to fill the 50th Congressional District seat made vacant by the felony conviction of Republican Randy “Duke” Cunningham. Machine sleepovers weren’t the only problems faced by concerned citizens. Registrar of Voters Mikel Haas resisted public records requests, refusing to turn over information, and charged $150,000 to recount 164,000 votes. To give this perspective, Ohioans paid $113,000 to recount 5½ million votes in 2004. Reaching that place of “I can’t take it anymore,” San Diego citizens sued on July 30th, one day after the election was certified. Contestants Gail Jacobson and Lillian Ritt seek a hand count of all the ballots, all documents necessary to validate the results, a reasonable charge for the recount set by the Court, attorneys’ fees and costs of litigation, and anything else the Court deems proper. Below is a brief timeline of events: • June 6, 2006 Special Election held • June 13th, Brian Bilbray was sworn into Congress in Washington, D.C. • June 29th, Registrar of Voters Mikel Haas certified the election results • July 30th, Contestants filed suit • August 11th, First hearing in court: Briefing and trial schedule is set by the court • August 22nd, Defendants filed a Motion to Dismiss • August 24th, Contestants filed Opposition to Motion to Dismiss • August 25th, Second Hearing held • August 29th, Court to rule on Constitutional and Jurisdictional Issues On June 13, before the mandatory 1% ballot audit was completed and weeks before the election was certified (June 29th), Bilbray flew to DC to be sworn in as a Member of Congress. The first hearing in this matter was held on August 11th before Judge Yuri Hofmann (who bears a resemblance to Robert Duvall). Defendants gave a preview of their upcoming arguments, and the Court set the briefing and trial schedule. On August 22nd, Defendants filed a their motion to dismiss on the grounds that because Bilbray was already sworn in, the Court has no jurisdiction whatsoever. They assert that the House has exclusive jurisdiction to judge who its members are and the qualifications of those members. In response to this absurdity, on the 24th, Contestants argued, “The federal Constitution, after all, clearly commits the time, place and manner of elections to the States, including California. Thus, the question presented is whether a premature swearing in of Brian Bilbray by the House of Representatives terminated the election processes of the State of California, even though the US Constitution specifically provides that the States control the time, place and manner of federal elections.” This case has national implications because the defense argues that State laws on administration of federal elections have no authority. Contestants assert that “This simply makes no constitutional or federalism sense.” Contestants further point out, “Not argued … is the public interest and the independent interests of the elector[s] in vindicating the accuracy of elections, without which similar practices or errors would simply be repeated again in November and other future elections. “Clearly… an election contest is an action in the public interest, not primarily for the private interest of particular candidates.” Defendants make an amazing assertion as we face the all-important Mid-Term elections. We are about to vote on machines that are hackable, in election systems run by politicians seeking office, and run by elections officials who refuse to open fully the process to international authorities, to invited investigators, or to citizens. We are about to vote in an election process where it is handled any way that election officials deem best, even if contrary to state and federal law. We are about to vote on voting systems that are the least secure, the most expensive, and the least verifiable. (At the minimum, we can’t count electrons.) The fate of the San Diego lawsuit will determine whether US citizens reclaim democracy before the November 2006 elections. Contributions are needed: http://www.nosleepovers.org/Contribute%20Now.htm |
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Recent Election Issues Articles Renowned computer security expert agrees to meet California county supervisor's '1000 to 1' challenge to 'manipulate' Sequoia voting machine! 100 phantom votes found in one precinct; DelCo board of elections hinders investigation Think globally, protect the vote locally Will they or won't they: last chance for Democrats The vote protectors Ohio's 2006 vote count now includes a higher percentage of uncounted ballots than in 2004, and a statistically impossible swing to the Republicans The drama of empty numbers A monumental victory for the election protection movement Pick a number 2006 How they stole the mid-term election STOP Blackwell, what's that sign: Everyone look what's going down Parallel election midday report Tuesday's outcome may depend on the power of the election protection movement The power of a social movement can beat the GOP double Chickenhawks Check out We Count for a great TownHall confrontation between Vicki Lovegren of Ohio Vigilance and Michael Vu, Supervisor of Cuyahoga County BOE Official states electronic voting system added votes never cast in 2004 Presidential election; audit log missing Repairing the U.S. system of voting: 50 concrete steps Will a shocking new GOP court victory and Karl Rove's attack on Ohio 2006 doom the Democrats nationwide? 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Kenneth Blackwell Coshocton County complaint Saving the ballot evidence from Ohio 2004 San Diego suit’s second hearing: Judge to rule next Tuesday on constitutional and jurisdictional questions New Zogby Poll: It’s Nearly Unanimous How the last presidential election awoke me from an unsound sleep PFAW's Neas praises advance of Voting Rights Act, Calls on Bush Administration to start enforcing the law Why Democrats don't count: lessons from the un-Gore of Mexico Resolution of no confidence in current U.S. elections An open letter from Ohio to the people of Mexico The stolen election of 2004 The Democrats must now say "We Do Not Concede" in the U.S. as it's being said in Mexico Project Vote, voting rights organizations, file to overturn restrictive voter registration rules BBV: Unredacted Hursti Diebold reports, photos released Ignore that man behind the screen, Dorothy Bob Fitrakis for Governor -- he is now on the ballot Alameda County supervisors embrace election fraud San Diego’s run-off election aggregate results are plausible A vote of no confidence: democracy left to languish in living rooms, garages Kennedy's challenge: Salon, Mother Jones & the tortured dialogue Warren County revisited Something smells fishy in San Diego! Response to Salon Magazine Analysis of Connally spreadsheet and other documents RFK and Rolling Stone nail Ohio's stolen 2004 election, but much more must be done Pick a card, any card Will the major media finally cover the electronic election fraud issue? The money pit: Diebold vs. America Worst security flaw ever - 3 states invoke Diebold emergency procedures Cranks and Kooks: Kerry won in '04 Ohio 2004 election thief grabs Gov nod while (surprise! surprise!) voting machines malfunction Hand counted paper ballots in 2008 Busheviks connected to New Hampshire phone-jamming scheme Are mainstream churches finally standing up to the GOP’s hateful “Christian” blitzkrieg? Thousands march in New Orleans for right for Katrina survivors to vote in the city’s April 22 election Shocking Diebold conflict of interest revelations from Secretary of State further taint Ohio's electoral credibility Faith-based voting Targeting the voters in Toledo Targeting the voters in Cincinnati Through a glass Darkely Is the Mainstream Media finally getting half the rigged voting machine story? Please help Clint Curtis Utah testing of the Diebold touch-screen reveals new problems Trust us Harman vs. Winograd, tough choice? Why did J. Kenneth Blackwell seek, then hide, his association with super-rich extremists and e-voting magnates? Did 308,000 cancelled Ohio voter registrations put Bush back in the White House? Statisticians recommend new measures to ensure vote count accuracy, release "Ohio’s 2004 exit poll analysis for novices” As Alito takes Supreme Court seat, Ohio GOP guts election protection The Harri Hursti hack and its importance to our nation Programmer Jeff Dean worked for chief of White House Plumbers unit Free Press Editor in Film at Sundance PA activists sue to vote on machines Important documents The gun is smoking - The gun is smoking - 2004 Ohio precinct-level exit poll data show virtually irrefutable evidence of vote miscount Recipe for hacking ES&S and Sequoia, Hursti-style What’s all the fuss about Diebold in Florida and California? New info may take out Diebold touchscreens Read Election Issues Articles by Year: |
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