July 31, 2006

"Law suit seeks to toss out Bilbray election"

"A lawsuit filed Monday asks a Superior Court judge to toss out the results of the June 6 special election in which Republican Brian Bilbray defeated Democrat Francine Busby to finish the remaining term of disgraced former Rep. Randy "Duke" Cunningham.

The lawsuit, which was filed by attorney Paul Lehto of Everett, Wash., also asks for a recount of all ballots cast in the election for the 50th Congressional District seat.

Lehto claims there is no way to ensure that the voting machines used by county elections officials were not tampered with, something that Registrar of Voters Mikel Haas vigorously denied.

The county used both paper ballots and touch-screen machines manufactured by Diebold. The vast majority of votes were cast by paper ballot, county officials said.

The lawsuit took specific aim at the practice of allowing poll workers to take the machines home with them prior to the election -- a practice Haas said is done to ensure that polling places open on time.

"The thing you've got to know about using computers in the election is that computers do whatever they're told to do, without any regard to law, ethics or morality," Lehto said, adding he believes some machines were tampered with.

"When you send them on 'sleepovers' from anywhere from three days to over a week, then you've lost all illusion about any kind of security."

Lehto said the lawsuit was filed on behalf of Gail Jacobsen, a San Diego mediator, and Lillian Ritt, a Rancho Santa Fe lawyer.

Lehto held a news conference on the steps of the Hall of Justice with a half-dozen supporters. A group called CA 50 Action Committee is raising money to cover costs related to the lawsuit, Lehto said.

Ultimately, Lehto said, he would like the county to not use electronic touch-screen voting machines in November.

"There is an opportunity to do it right the next time," he said.

Haas declined to comment on the lawsuit, which he had not seen, but defended his department's handling of the election."

The article is here.

Posted by Randy Riddle at July 31, 2006 02:45 PM