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California County Sues State Over E-Vote Ban
An anonymous reader writes "Riverside County teamed up this week with groups representing the disabled to sue California's secretary of state, who banned voting machines that, the plaintiffs argue, help the disabled exercise their right to vote anonymously. Here's the story. I guess Diebold does have some fans afterall."
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BS. I mean, I understand what they're thinking, but this is insecure!
Try voting with a write-in, or ask someone you trust (relative? friend? hired personal aid?) to help, either in-booth, or with a write-in.
IANAL, but I believe you are allowed to bring an assistant into the booth if you so choose.
So what is with these ignoramuses figuring that, back in the days of the punch cards, WE (the people who sat there all day so you can get off your sorry butts and vote) WOULDN'T ACTUALLY GET OFF OUR BUTTS AND ASSIST THE VOTER WITH THEIR BALLOT! Yes, kids, that's right, we go in there and help people vote if they need help! Blind? Ask them who to vote for and get a witness! Wheelchair? Have them bring their sample ballot and punch it, let them do a comparison to make sure! No arms? Same thing!
So disabled, QED, is no excuse for this, as there are bits in the California election code that provide for assistance. The point here is that we were instructed to do whatever it took to help them vote, with the understanding that their vote does not leave our brains or the collection box, so if you are a disabled voter in some way, we helped. Besides, the feds would shoot down California on ADA violations if we didn't.
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"This is another flip-flop by state officials, based on shifting political winds, rather than considering what is best for the people of California," County Supervisor John Tavaglione said. "They're punishing us for using a system that has worked effectively and without error."
What a disab^H^H^H^H stupid thing to say. This totally overlooks the fact that there's no error because the machines leave no way for people to verify correct results in an election. That's like a hospital not recording statistics on surgically caused deaths and then claiming that they have no record of any deaths being caused under surgery.
Until a suitable alternative presents itself, the disabled will have to cast their vote in an environment of reduced anonymity. That's been the procedure before the Diebold machines were available, and that should be the procedure until a suitable alternative to paper ballots is made available.
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When somebody claims that somebody "under color of law" has infringed a federally protected right (either constitutional or statutory), usually they sue under Section 1983.
It's an important avenue to be sure, giving a right of action to folks who've had their rights squandered by public officials. It is however REALLY easy for a plaintiff to get their legal fees from the defendant (CA, in this case) in a 1983 action. Basically if they win on any of their claims (even say, one of a dozen claims) they'll get their legal fees paid for.
IANAL - but the lawyers love this one. Even if it's not a great case (like, I don't know... this one) it's worth a shot, because the lawyers get paid.
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While there is quite a lot of hoopla surrounding Diebold, Riverside County's electronic voting systems were manufactured by Sequoia Voting Systems.
I lived right across the "tracks" so to speak, in San Bernardino County, but attended Riverside Community College and had many friends who lived in Riverside. We've talked at legth about electronic voting issues and I've never heard any concerns about Riverside's electronic voting system. In fact, they were one of the first county's in California to turn to completely electronic voting, starting with the 2000 presidential elections.
Googling for some random info, I see that there are a few complaints about how data is handeled (and namely the neccesity of a paper ballot). I think a lot of people replying are just using knee-jerk reactions. Riverside's systems have been running for four years now nearly without a hitch.
I will note that they can always be improved though. But the main reason Riverside is suing is because they *got rid* of their regular voting gear 4 years ago and upgraded to complete electronic voting. It will be quite expensive for them to go back, and with less than 6 months notice as well.