San Diego sues Bowen over voting machine restrictions, Sac-Bee, (Ed's occasional clipping service)

From: Edmund R. Kennedy <ekennedyx_at_yahoo_dot_com>
Date: Wed Dec 19 2007 - 15:05:18 CST

Hello All:

Basically this morning's story told from the nominal defendant's side. People who want a little more background can contact me off the discussion list.

Thanks, Ed Kennedy

This story is taken from Sacbee / Politics.

San Diego sues Bowen over voting machine restrictions

By Jim Sanders -
Published 12:39 pm PST Wednesday, December 19, 2007

Less than two months before California's presidential primary, San
Diego County is suing the state in an attempt to rescind a condition
placed upon the use of electronic voting machines.
The suit,
filed in San Diego County Superior Court this week, claims that
Secretary of State Debra Bowen exceeded her authority, infringed upon
legislative policymaking, and failed to adopt required regulations
before issuing the requirement.
Bowen disagrees.
secretary of state, in a letter to San Diego officials last week,
denied any wrongdoing and said the state Elections Code specifically
grants her authority to approve voting systems and periodically review
them for reliability.
The suit is fallout from decisions made by
Bowen, in August and following months, to impose strict conditions and
restrictions on use of electronic voting machines in the wake of $1.8
million in tests that showed security faults in three systems studied.
Diego's voting system, by Premier Election Systems, formerly Diebold
Election Systems, was one of those targeted by Bowen. California's
presidential primary is Feb. 5.
The suit focuses on a directive
by Bowen that counties using any of four specified voting systems
conduct a manual tally of 10 percent of randomly selected precincts if
a contest's margin of victory is less than one-half of 1 percent.
suit said the manufacturer of San Diego's electronic voting system has
balked at footing the bill for such a tally, which could force county
taxpayers to bankroll the tab with no viable source of reimbursement.
Diego's suit claimed the recount requirement is excessive, could force
the assignment of scarce resources, and potentially could prevent the
county from fulfilling its legal duty to complete an election canvass
within 28 days.
"Failure to timely complete the official canvass
would prevent Bowen from certifying California's election results," the
suit said.
San Diego is seeking a judicial order that it not be forced to comply with the 10 percent ballot tally ordered by Bowen.
suit potentially could affect similar tallies required in other
counties, said Deborah Seiler, San Diego's registrar of voters.
Read more in Thursday's Bee.

Go to: Sacbee / Back to story

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