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May 09, 2008

Providing legal resources and election news to California election officials and the attorneys who represent them.

California Election Law
 

August 18, 2005

"Experts say solid standards needed for provisional ballots"

You can read the article here (via electionline.org).

Posted by Randy Riddle at 08:12 AM | Permalink. . .

August 16, 2005

Attorney threatens election officials over use of AutoMARK voting system

An attorney has sent letters to local election officials in California warning them not to purchase the ES&S AutoMARK voting system, asserting that it does not comply with the accessibility requirements of HAVA. The California Secretary of State certifed the AutoMARK for use in California on August 3, 2005. The system was federally qualified on June 22, 2005.

John McDermott, an attorney with the Los Angeles firm of Howrey Simon Arnold & White, argues that HAVA requires that voting sytems allow all voters with disabilities to cast their ballots "in a private and independent manner." He claims that the AutoMARK system does not meet this requirement for voters with "manual dexterity issues." You can find a copy of the letter here.

Last year Mr. McDermott made similar arguments in unsuccessfully challenging the Secretary of State's DRE decertification orders, and the letter indicates that the Secretary of State rejected his arguments in certifying the system. Mr. McDermott's absolutest view of HAVA also appear at odds with an opinion from the United States Department of Justice interpreting the accessibility provisions of HAVA.

Interestingly, Mr. McDermott's letter does not disclose whether he is writing on behalf of an individual, an organization or another voting system vendor.

Posted by Randy Riddle at 09:27 AM | Permalink. . .

August 14, 2005

"Jackson County and [Mississippi] Secretary of State Eric Clark are not seeing eye to eye on the Help American Vote Act voting machine project."

"The county wants to continue using its M100 Optical Scanner, which is less than five years old and has eight to 10 years remaining, according to election commissioner Ben Sanford. To meet handicap requirements, the county wants to use the Automark Ballot Marking Device for the Handicap.

Clark is touting, and has signed, a contract with Diebold Election Systems to provide touch-screen voting machines that include a voter-verified paper trail."

"These voting machines meet all the requirements of HAVA," said Clark.

"We are happy with what we have in Jackson County. It's easy, accessible, people understand it, easy for the poll worker and easy to program. Our system is so much faster, convenient and so much more tested. We've used it here. We're fine with it in Jackson County. It's a great system," said Circuit Clerk Joe Martin.

Martin said the Diebold system is not proven."

You can find the full story here.

Posted by Randy Riddle at 02:50 PM | Permalink. . .

April 18, 2005

"Election reform on the go: State builds voter database"

The Seattle Post-Intelligencer article is here.

Posted by Randy Riddle at 08:46 AM | Permalink. . .

April 15, 2005

" HAVA informs about new voter system, regulations"

The Ottuwmwa Courier article is here.

Disclosure: I am a former paperboy for the Courier.

Posted by Randy Riddle at 10:38 AM | Permalink. . .

February 23, 2005

Election Official: Provisional Ballot Counting Law Needs Clarified

This story reports on the EAC hearing conducted today at Ohio State University. From the story:

"A state-issued directive that poll workers refuse provisional ballots for people who try to vote in a precinct where they don't live seemed to conflict with federal law, said Michael Vu, director of the Cuyahoga County elections board. Vu told the U.S. Election Assistance Commission that the apparent conflict led him to defy the state order and have poll workers give voters provisional ballots even if they couldn't prove their addresses. "Ohio's provisional balloting was not a model for the nation to follow," Vu said."

Update: A related Los Angeles Times story can be found here.

Posted by Randy Riddle at 04:43 PM | Permalink. . .

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