Fwd: [Votingtech] NJ Appeals Court Reinstates Lawsuit Challenging Constitutionality of Electronic Voting Machines

From: Arthur Keller <voting_at_kellers_dot_org>
Date: Fri Feb 10 2006 - 04:17:37 CST

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>Date: Thu, 09 Feb 2006 18:59:44 -0800
>From: Dennis Paull <dpaull@svpal.org>
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>To: votingtech <votingtech@hss.caltech.edu>
>Subject: [Votingtech] NJ Appeals Court Reinstates Lawsuit Challenging
> Constitutionality of Electronic Voting Machines
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>Hi all,
>Here's some very important developments in NJ.
>Dennis Paull
>----- Original Message -----
>From: "John Gideon" <jgideon@votersunite.org>
>Sent: Thursday, February 09, 2006 2:51 PM
>Subject: NJ Appeals Court Reinstates Lawsuit Challenging Constitutionality
>of Electronic Voting Machines
>Folks, this is huge.
>Newark, NJ, February 9, 2006 - The New Jersey
>Appellate Division announced today its agreement
>with concerns raised by the Constitutional
>Litigation Clinic at Rutgers School of Law-Newark
>that all electronic voting machines used in New
>Jersey may violate New Jersey's Constitution and election laws.
>In its decision, the Appellate Division
>reinstated a lawsuit filed by the clinic in 2004
>that challenges the ability of New Jersey's
>electronic voting machines to count votes
>accurately, in compliance with voting rights
>laws. The Court reinstated the lawsuit even
>though, as a result of judicial and legislative
>efforts led by the clinic, all voting machines in
>the state must be equipped with a voter verified
>paper ballot component by 2008. The Court was
>concerned with protecting the hundreds of
>millions of votes that would be cast on voting
>machines between now and 2008. The Court also
>expressed its concern that the Attorney General's
>office would use a loophole in the statute and
>issue waivers to the 2008 voter verified paper
>ballot requirement - further jeopardizing the franchise.
>The lawsuit is the first in the nation to
>successfully challenge electronic voting
>machines. Professor Penny Venetis, associate
>director of the clinic and lead counsel on the
>case, commented, "This shows that our courts take
>very seriously their role in protecting our most
>fundamental of all rights - the right to vote.
>Despite clear evidence that New Jersey's voting
>machines are insecure, the other branches of
>government failed to take appropriate action.
>That is why the Court stepped in," Venetis added.
>The same voting machines used by almost all of
>New Jersey's five million registered voters have
>been found too insecure to use and have been
>de-commissioned by California, Ohio, Nevada, and
>New York City. New Jersey does not check the
>software of electronic voting machines to
>determine whether they have been tampered with or whether they are faulty.
>The Rutgers clinic filed the suit on behalf of
>the Coalition for Peace Action, a citizens group
>based in Princeton that has been in the forefront
>of advocating for safe, transparent and auditable
>elections, as well as voter Stephanie Harris, a
>farmer whose vote was lost by a malfunctioning
>Mercer County electronic voting machine. Other
>plaintiffs in the lawsuit include State
>Assemblyman Reed Gusciora, an early proponent of
>the voter verified paper ballot.
>For more information, contact Professor Venetis
>at 973-353-5687 or 917-617-3524.
>Contact: Janet Donohue, Manager of Public
>Relations, t: 973-353-5553, f: 973-353-1717, or
>email: jdonohue@andromeda.rutgers.edu
>John Gideon
>Executive Director www.votersunite.org and
>Information Manager www.votetrustusa.org
>VotersUnite! is a national non-partisan
>organization dedicated to fair and accurate
>elections. It focuses on distributing
>well-researched information to elections
>officials, elected officials, the media, and the
>public; as well as providing activists with
>information they need to work toward transparent
>elections in their communities.
>votingtech mailing list

Arthur M. Keller, Ph.D., 3881 Corina Way, Palo Alto, CA  94303-4507
tel +1(650)424-0202, fax +1(650)424-0424
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Received on Tue Feb 28 23:17:05 2006

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