[Voterescue] another letter to the editor opportunity

Jenny Clark jclark99 at austin.rr.com
Sat Aug 9 18:20:41 CDT 2008


the Austin Chronicle allows 300 words in their letters to the 
editor...submit on their website in postmarks or send e mail to: 
<mail at austinchronicle.com>

http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A658341

HOME: AUGUST 8, 2008: NEWS

Court Upholds E-Vote Machines
BY LEE NICHOLS

The Texas Democratic Party's efforts to remove the Hart InterCivic 
eSlate electronic voting machine (used by Travis and 101 other Texas 
counties) from use in Texas have been shot down again, this time by 
the U.S. 5th Circuit Court of Appeals.

The TDP sued then-Secretary of State Roger Williams last year for 
approving eSlate machines, allegedly in violation of state law. The 
TDP pointed out that on eSlate machines, if a voter casts a 
straight-party ballot but then scrolls down the ballot and punches 
the name of a particular candidate from that party - just to "make 
sure" their vote for that candidate is properly recorded - the voter 
will inadvertently "de-select" that candidate, and no vote will be 
recorded.

The TDP asserted that this problem violated the equal protection 
clause of the 14th Amendment, state law respecting intent of the 
voter, and Help America Vote Act provisions requiring "uniform and 
nondiscriminatory standards" across systems used in the state. But 
last August, U.S. District Judge Sam Sparks granted a summary 
judgment in favor of Williams, writing that Williams "made a 
reasonable, politically neutral, and nondiscriminatory choice to 
certify" the machines. Last week, the 5th Circuit upheld that 
decision.

"While I have great respect for the 5th U.S. Circuit Court of 
Appeals, I strongly disagree with their ruling," said TDP Chair Boyd 
Richie. "I adamantly believe there is evidence that some votes in 
Texas have not been counted because of defective electronic voting 
machines, undermining the accuracy and fairness of our elections. The 
Texas Democratic Party remains committed to protecting every Texan's 
right to vote, and we will continue consulting with our attorney in 
order to determine what further steps, if any, we will take in order 
to resolve this pressing issue."

Hart InterCivic has previously declined to comment on the suit.
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