Re: Re: SB 1376 passes senate...

From: Joseph Lorenzo Hall <joehall_at_gmail_dot_com>
Date: Fri Aug 20 2004 - 10:18:23 CDT

> The main impact (here) of SB 1376 is that it makes election officials
> and their staff, and the vendors and their staff, liable if they
> "knowingly, and without authorization" load uncertified software into
> their machines, as an audit of California's voting equipment last year
> proved had happened. That never existed before. As for the other
> actions mentioned in SB 1736 that already have criminal penalties,
> civil cases just require meeting a "preponderance of the evidence"
> standard; criminal cases require meeting the higher "beyond a
> reasonable doubt" standard.

Also, it can be hard to convince the AG to prosecute or even
investigate some of this stuff... e.g., I haven't heard anything about
the criminal prosecution of Diebold for loading uncertified software
in 17 counties. The SoS under this law could file a complaint...

-- 
Joseph Lorenzo Hall
UC Berkeley, SIMS PhD Student
http://pobox.com/~joehall/
blog: http://pobox.com/~joehall/nqb2/
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Received on Tue Aug 31 23:17:17 2004

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