August 26, 2005

Electionline.org on California court ruling prohibiting fax voting

From the electionline.org Weekly article:

"Overseas voters in California who used fax machines to cast ballots last year could be reverting to envelopes and mail boxes if a ruling issued last week by a superior court judge stands.

More than 5,000 military and overseas voters --about 11 percent of total overseas voters -- took advantage of a state law allowing them to cast fax ballots, provided they signed a form indicating that they waive their right to secrecy.

Last week, a California judge ruled that state law enacted in 2004 allowing overseas voters to return ballots via fax violates the state constitution. State Superior Court judge Lloyd Connelly ruled that the law, Election Code section 3103.5, conflicted with the state's constitution and issued an order barring the practice.

The state attorney general's office said the secretary of state's office has filed an appeal.

The implications of the California decision-- if it is upheld -- could be felt far beyond the state's borders. According to the Federal Voting Assistance Program's 2004-2005 Voting Assistance Guide, 18 other states allow overseas voters to cast ballots by fax."

Posted by Randy Riddle at August 26, 2005 08:20 AM