Daily Kos: FL-13, Fl Judge Issues Catch 22 Ruling, Sat 12/30/2006

FL-13, Fl Judge Issues Catch 22 Ruling, Sat 12/30/2006

by ca democrat

Sat Dec 30, 2006 at 09:08:20 AM PDT

This diary is part of a continuing series of diaries to focus attention on the FL-13 missing votes.

Catch 22 - only in Bushs legal system. Everyone knows 18,000 votes disappeared. The only place the votes existed was in the Electronic Machines. Judge says no proof software was bad, but you can't see it to prove that it was bad, and rule the machines were "100%" accurate.

In the Democratic Candidates words:

It’s shocking that there is more concern for protecting a company’s profits rather than protecting our right to vote. The secrecy and question marks surrounding electronic voting is creating a real crisis in confidence among America’s voters, and the only way to resolve this is by conducting a thorough review by outside experts.

More details on the Florida Judges Catch 22, appeal promised, what Congress may do, below the fold:

ca democrat's diary :: ::

The Catch 22 part of the Florida Judges ruling said:

D. The machines now challenged were tested as required by law prior to the early voting and election day voting and were found to be working properly.
F. Two parallel tests were conducted on the subject screen systems and representatives of both Plaintiffs and Defendants were present. The test results revealed 100% accuracy of the equipment in reporting the vote selections.
G. Plaintiffs have presented no evidence to demonstrate that the parallel testing was flawed and or the results not valid.
H. The testimony of Plaintiffs' experts was nothing more than conjecture and not supported by credible evidence.
I. For this Court to grant Plaintiffs' motions would require this Court to find that it is reasonably necessary for the Plaintiffs to have access to the trade secrets of Defendant, Election Systems & Software, Inc., based on nothing more than speculation and conjecture, and would result in destroying or at least gutting the protections afforded those who own the trade secrets. Florida Judges 12/29/2006 Ruling

From VoterAction.org press release (love the title):

Court Sides With Corporate Interests Over Florida Voters – Voters Will Appeal

TALLAHASSEE, FL. On Friday, December 29, 2006, Judge William L. Gary denied the Motion to Compel Florida elections vendor Elections Systems & Software (ES&S) to turnover the software, hardware, and source code used in the Congressional District 13 election for independent expert examination in the election contest lawsuit brought by Sarasota voters. As a result, Florida voters have once again been relegated to last place behind corporate and political interests.

"The voter plaintiffs will challenge this ruling in a state appellate court during the first week of January," declared lead counsel Lowell Finley, Co-director of Voter Action. "Something went very wrong in this election, in which thousands and thousands of voters were disenfranchised solely because they voted on ES&S touchscreen machines. Plaintiffs must have access to the critical evidence of the inner workings of the ES&S machines to identify the source of the problem. Corporate secrecy should never trump the public right to know when it comes to our elections, the cornerstone of our democracy."

It seems that Congress will seat the Republican, conduct their own investigation, and maker it clear to the courts that they can proceed with hearing the appeal.

The House Administration Committee is reviewing Jennings’s challenge under the Federal Contested Elections Act (PL 91-138), and the committee will decide whether to proceed with an investigation. The legal proceedings in Florida would provide information for the committee to decide if it wants to go forward.

Holt said his formal inquiry on the House floor, after the swearing-in of Nancy Pelosi as Speaker but before members are sworn in, will ensure that nothing the House does will prejudice either of those proceedings. He said he expects the parliamentarian to affirm his move without need of a vote.

"Under federal law, there is a procedure in place for reviewing contested elections. The House should do nothing to compromise or prejudice the case Ms. Jennings has before the Florida courts. I expect the evidence will show that the certification did not reflect the will of the voters and a re-vote is necessary," he said at a Friday news conference.

Holt has been a leading proponent of election procedure overhauls and sponsored legislation in the 109th Congress that would require all voting systems to use or produce a voter-verified paper ballot so that electronic tallies can be independently verified. New York Times/CQPolitics

Of course Brad always gets us to the critical point:

... even ES&S's only expert put on the stand during the hearings in Florida --- notably, he was a political scientist, not a computer expert --- concurred that had it not been for problems with the voting machines, Jennings would have won the race. A study of the undervote ballots in the race had previously found the same thing. According to the study, had votes been recorded on those ballots, Jennings would have won the election by a near 3,000 vote margin. Brad Blog

Links

great link to vote counting news stories, updated daily
Voting news articles at VotersUnite.org

donate
Christine Jennings Recount Fund

Special Sarasota Herald Tribune Page, with Story and Background Links, Would Get my Vote for Pulitzer Prize
Special 13th Congressional Sarasota Herald Tribune Page

No compromise, sign the Move On Petition
Move On Petition: Congress must call for a re-vote in Florida

Stories, Diaries and Editorials
FL-13, Jennings Has Gone Through Hell to Ensure Every Vote Was Counted, Thurs, 12/28/2006
FL-13, Why Has The MSM Ignored The FL-13 Story? Wed 12/27/2006
FL-13, Plea to Every Member of Congress: Read The Jennings Election Protest, Mon 12/25/2006
FL-13, Will A Single House Member Stand Up For 18,000 Voters? Sun 12/24/2006 Update
FL-13, "Nothing Off the Table" Nancy Pelosi, Sat 12/23/06
FL-13. CQ's 3 choices for Congress. Which do you want Congress to do? Fri 12/22/2006 Update
FL-13, Jennings Contests Election in U.S. House of Representatives, Th 12/21/2006 Update
FL-13: FL Republicans thinks problem is that voters were "blind, drunk or on drugs" 12/21/06
FL-13, Christine Jennings won by as much as 3,100 votes, Wed 12/20/2006 Update
Tune In: Christine Jennings (FL-13 recount) on Lou Dobbs Tonight 6PM 12/19/2006
FL-13 Monday 12/18/2006 Update
FL-13: Carl Hiassen lays the smackdown, Sun 12/17/2006
FL-13 Sat 12/16/2006 Update
FL-13 18,000 Missing Votes, Noon to 1 PM Daily Protest Idea
FL-13 Democrats Giving Up the Local Media War? Not fighting back?
Sarasota Diaries
FL-13: RALLY FOR A REVOTE LIVEBLOG
FL-13: Fireworks ahead
Jennings, Voters Describe Voting Machine Failures in Sarasota County
FL-13 Bumper Stickers? Keep The Issue Visible!
ACLU sees clear case for a revote in disputed District 13 election
Story quote for the Democrat: won by at many as 3,100 votes
if it hadn't been for the undervote in the only county she carried, Jennings would have won by 3,100 votes.
Call to Action from Bradenton Herald