Blind Justice
Court Orders DREs Can Be Sold in NY
It seemed inconceivable that the New York State Supreme Court would overrule the decision of the Board of Elections and allow LibertyVote’s DRE to be purchased by New York counties. But on Monday, 2/4/8, that is exactly what happened, astonishing legal experts and frustrating advocates who thought we’d finally prevailed over the DRE threat. The flawed ruling now sets yet another legal precedent that the right of voting machine vendors to turn a profit supersedes that of voters to demand that the equipment we spend our tax dollars on be up to the job.
It’s unusual in New York State for a Court to rule against an agency legally responsible for a decision, as the Board of Elections is for the states voting machines. But yesterday the Court substituted its own evaluation of the suitability of the LibertyVote DRE for use as a ballot marking device for that of experienced Commissioner Doug Kellner (D) and several independent evaluations. The Court’s ruling hinges on two arguments – that the grocery store style VVPAT is a legal New York ballot, and that LibertyVote submitted changes to the machine in a timely fashion. Unfortunately, neither of these is germane to the key issue – does the DRE meet the requirements of State law and allow voters with disabilities to independently verify their ballot? Clearly it does not. But the Court declined to even address this essential concern.
Reading the decision is astonishing not for what it says, but for what it doesn’t say. Nowhere does the Court address the arguments made in the Kellner affidavit that the LibertyVote mechanism for independent verification of the paper printout is unusable. Nowhere does the Court seem to understand the difference between a ballot marking device and a voting machine, one more reason why someone with no expertise should not make crucial decisions about this issue. Using circular logic, the Court concedes that a “ballot marking device” is not defined in Election Law, but then makes the leap that “Clearly, a voting machine or voting system that meets the requirements of 7-202 will constitute an appropriate ‘ballot marking device’”. The Court wants it both ways, saying that a ballot marking device is not defined in the statute, then saying that it is.
But the Court never seems to understand that any “ballot” produced by a ballot marking device must be able to be verified by a voter who is blind, or in a wheelchair. This is the real shame in this decision. Consideration for LibertyVote to get a return on their investment looms large in this flawed judgment, but consideration for voters is nowhere to be found. How ironic that a Court orders that the LibertyVote DRE, unusable by voters with disabilities, may be used as a ballot marking device. It seems that in this case, truly, justice is blind.
Can the governor override this decision? If not, is there any other place to lodge an appea?. It seems unconstitutional according to HAVA. Does that mean the only recourse would be the Supreme Court?
Thanks
As practiced by Judge O’Connor Justice is not only blind, but deaf. Who is Justice O’Connor and what is is interest in this injustice? Was he elected by the same machines he has been asked to find against.?
I am a pro se litigant from Nevada suing Sequoia Voting Systems for product defect, breech of warranty, and civil and consumer fruad. I have added Deibold/Premier Elections System to this lawsuit because this Deibold/Premier provides the defective DIMS Voter Registration system to Washoe County - wherein I live and vote. Judge O’Connor decision bodes poorly for my effort as well as the efforts of other litigants pursuing election justice. Congratulations to the great activists of New York who fought and won the good fight. I pray the O’Connor decision does not dissuade their dream of democratically - rather than machine -elected government. AS for me I continue to battle for Nevadan election justice.
Patricia Axelrod
Reno, Nevada
775-412-5980
So let me see if I get this right …. The Board of Elections chooses a machine, and the sore loser sues?
Give Me a Break! And that a judge bought into it - that is indeed a travesty.
OMG - if a CEO bought machines that were guaranteed to cost more, last 1/3 as long, and lose important data, he would be fired! But hey, the HAVA money looks like a subsidy, smells like a subsidy. Liberty’s behavior (and the others sure to follow) is nothing less than corporations trying to enrich themselves at public expense.
What a stupid, stupid decision. Wow - I wouldn’t want this one in my CV.
In New York State, the Supreme Court is actually the lowest court of general jurisdiction. I hope this decision is appealed to the Appellate Division, after which there is the Court of Appeal — the state’s highest court.
IT SEEMS THAT EVERYTHING IS ONE SIDED..BO LIPARIS DOSE NOT SPEAK FOR EVERY7 ONE, NOR DOESE THE WOMEN VOTERS.. I HAVE TRY THE LIBERTY MACHINE. AN SO HAS THE TROY SCHOOL . AN FOUND NO COMPAINS..SARATOGA HAS USE THE DRE. AN HAS NO COMPAINS. IT SEEMS TO ME BO AN THE WOMAN VOTERS HAS AN AXE TO GRINE..WHAT DOSE BO GET OUT OF THIS..IT MIGTH BE SOMETHING TO LOOK INTO…
Michael, are you truly ok with the fact that any hacker can access your vote and change it to whatever they want? If our votes can be manipulated, then we have no democracy — is that ok with you too? — No problem, right? This is just an overwrought women’s issue to you. Perhaps you should consider living in China? You might like it there if you don’t care about your vote.
Clearly these judges were bought off. Isn’t it amazing that people we trust sell our democracy so cheaply?
In the massive sruggle to get back a democracy in the USA, or to get it in some areas for the first time. no identified part of the fight can be ignored. How do we fight this? We also need to get ex-felons who have done their time reinstated in the voting rolls, given the vastly disproportionate number of minorities imprisoned, and documented histories of injustice in so many cases It’s mind-boggling that the NY State Supreme Court has gone against a hard fought popular victory in a decision damaging to the public interest for such scummy reasons.
Until we get voting machines that are foolproof, voting is a scam. HELLO
I just heard that Franklin, Essex, and Clinton Counties (up here in the Adirondacks) just ordered paper ballots and Opti-scanners yesterday. I hope and pray that this is true.
This is not a Republican or Democratis issue. Our very democracy is at stake here.
Larry Sapadin // Feb 5, 2008 at 4:34 pm
“In New York State, the Supreme Court is actually the lowest court of general jurisdiction. I hope this decision is appealed to the Appellate Division, after which there is the Court of Appeal — the state’s highest court.”
Apparently your wish has been granted (at least at the appellate level..but I will stand corrected).. Mr Kellner has been advised to weigh his actions against the possibility contempt of court. Keep an eye out for the black helicopters which are surely circling your train of thought as you proceed. I am sure that Mr. Kellner is giddy with the thoughts of another appointment with judge Sharpe. He seems to be sympathetic with democrat machine politics and the inane conspiracy mindset promulgated by special interest groups….
or maybe not
All Politics is local. Each County Elections Commission will have to take a vote (sometime very soon) in public to spend the extra money for defective and non-compliant voting equipment (subverting our republic is just a bonus).
If they don’t want to take the vote in public by a show of hands; the courts have been shown to be very interested in equitable conduct of this matter and been willing to compel behavior with injunctions.
When that vote is taken constituents of that county must be present. Must be present and able to provide “Public Comment” if such an opportunity is provided by the County Commissions.
In public the Commissioners must explain why they’re spending more money for a defective item that will inevitably require the county to expend further treasure and time to defend itself against both State and Federal proceedings.
In the presence of their friends, family and neighbors they must explain why they’re taking this additional money out of our pockets.
“As it stands, only one county will use DRE machines and the vast majority of the state will now vote on the more secure, accurate, recountable and accessible, optical scan technologies.” said Bartoletti.
Rensselaer County chose ‘Sequoia Image Cast’
www.troyrecord.com
Stacy Banford wrote in her article ‘County Chooses Voting Machine’