Oral Hearing Next Thursday
Jonathan Simon will appear for oral arguments being heard on Thursday, December 20th at 9 AM, at the US District Court, 445 Broadway, Albany, NY 12207.
He explains, “It is a lot less likely that I will be called upon to give an oral presentation per se; more likely that, if the court sees merit in or takes an interest in our brief, I may be asked questions about areas we have covered.” He’s confident in the merits of the HCPB position, “which I hope will prick the interest of the court.
"I think the sheer number of groups and individuals who have signed on will help in that regard… But a lot of it will be determined by the interests of the court and the parties.”
The brief (p.14) points out the most important interest - that the public be able to “see” the vote count:
Electronic voting machines have caused citizens to lose their ability to observe and oversee the voting process. For this reason the use of computers destroys the basis for legitimacy of elections and the elected government.
The loss of these integral aspects of the right to vote is in direct violation of the repeated pronouncements of the highest court in New York that the constitutional right to vote includes the right to "see" that one's vote was "given full force and effect." Deister v Wintermute, supra at 108.
Given the millions of voters whose interests are represented by the HCPB amicus team, a democratic election run by the people will again have its day in court.
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