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    MMOB \its mainstreet moms: organise or bust

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    MMOB Countdown (1.25) Newsletter  
    DIEBOLD OUT OF CALIFORNIA LAWSUIT: SF, THURSDAY, 9:30 a.m.
    San Francisco Superior Court Building,
    400 McAllister Street (At Larkin), Dept. 302

    Greetings Bay Area MMOB --

    We've gotten this news from our friends at VoterAction, and John Eichhorst and his team at the law firm of Howard Rice:

    The court case many of you helped along is being heard this Thursday morning in San Francisco, and we're all invited. This is a show of strong support for the case, not a protest, so "Dress up and don't roll your eyes" are the basic instructions from VoterAction. More details below.

    The case, Holder v. McPherson, is against Secretary of State "Diebold" McPherson, and the Diebold holdout counties. It's a worthy read, available at www.VoterAction.org, and lays out a devastating case against these remarkably bad electronic voting systems.

    While at least eight of the named counties did decide to drop Diebold as a result of the case, the Attorney General's office has been successful in delaying the overall hearing until now. Please consider coming, if only to pay grateful tribute to the hours and hours and hours of smart, tireless pro bono work put in by the Howard Rice team and VoterAction on behalf of California's voters.

    SUFFRAGETTE ALERT: This court case is all about the franchise, the vote, our suffrage. If you're game, and you're a chick, please join those of us wearing white dresses in homage to the suffragettes, their splendid parades, their persistence.

    Very best,

    Mainstreet Moms Organize or Bust (theMMOB.org)
    Please note the official name of the MMOB, refined to suit our non-partisan commitment to more people, more engaged, year-round, urgently.

    FROM VOTERACTION:

    Hearing for the Motion for Preliminary Injunction
    Dear Friends,
    The hearing for the Motion for Preliminary Injunction for the California Diebold Case (Holder v. McPherson) will be held next Thursday, September 14th at 9:30 a.m. The hearing, presided over by Judge Ronald Quidichay, will be held in Dept. 302 is on the third floor of the San Francisco Superior Court building, which is at 400 McAllister Street (cross-street Larkin).

    The amazing legal team at Howard Rice – John Eichhorst, Jason Takenouchi, Michael Gallo and D'Lonra Ellis-worked overtime through the Labor Day weekend on the reply brief filed on September 8th. The reply papers will be available beginning this weekend on our web site.

    What is a Motion for Preliminary Injunction?
    The Motion for Preliminary Injunction in the Holder v. McPherson lawsuit ( to review, http://voteraction.org/... is seeking a preliminary ruling to block the use of the Diebold TSx prior to the November 2006 elections before the case is ready for a full trial. Plaintiffs' attorneys contend that the egregious security risks of the TSx, its inadequacy for reliable audits, and its lack of adequate accessibility for voters who are blind, low vision, or have dexterity or cognitive impairments make their use in this election unacceptable. The delays created by the defendant’s tactics in removing the case to federal court are working against us. There are, however, many options available to the judge short of a flat prohibition on use of the TSx in November that would acknowledge the legitimacy of plaintiffs' case and provide meaningful remedies. Regardless of the outcome of the hearing, the case should continue into 2007. (At the hearing, the attorneys will also be requesting a writ of mandate to require decertification of the TSx and prohibit further purchases.)

    What is appropriate for a court room? We know many people feel passionately about the issue of election integrity. However, certain protocols need to be observed in a court room. For example, it is not helpful to make noises, roll eyes, sigh, etc. in reaction to anything that is said by attorneys or the judge. Please dress appropriately--no jeans, t-shirts or similarly casual wear. It is also a good idea to keep your voices down even when outside the doors of the courtroom, as sound carries and can disrupt the proceedings inside.

    Voter Action is a project of the International Humanities Center, a not for profit, 501c3 organization. Donations are tax deductible to the full extent of the law. We rely on your support to do our work! www.voteraction.org

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