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Voting Systems Lawsuit Reaches U.S. Supreme Court

By Lynn Landes  Posted by Rob Kall (about the submitter)       (Page 1 of 1 pages)     Permalink

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Washington DC, Jan 30 - A little-noticed voting rights lawsuit has made its way to the U.S. Supreme Court (Docket No. 05-930). It constitutes the first legal challenge to the widespread use of
nontransparent voting systems. Specifically, the lawsuit challenges the use of voting machines and absentee voting in elections for public office.

The lawsuit was originally filed by freelance journalist Lynn Landes in July of 2004 in Philadelphia federal court (U.S. District Court for the Eastern District of Pennsylvania). The Third Circuit Court of Appeals ruled against Landes on November 2, 2005.

In her lawsuit Landes claims that, as a voter and a journalist, she has the right to direct access to a physical ballot and to observe the voting process unimpeded. Voting by machine or absentee, Landes claims, introduces obstacles and concealment to a process that must be accessible and transparent in a meaningful and effective manner.

Landes is representing herself in this action.

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"I tried to get civil rights organizations interested in this case, but had no luck. Their disregard for this issue is incredible. It's clear to me that without direct access to a physical ballot and meaningful transparency in the process, our elections have no integrity whatsoever," says Landes.

The defendants in the Landes lawsuit are Margaret Tartaglione, Chair of the City Commissioners of Philadelphia; Pedro A. Cortes, Secretary of the
Commonwealth of Pennsylvania; and Alberto Gonzales, Attorney General of the United States.

Attorneys for the defendants have successfully fought Landes, claiming that she did not prove an injury and therefore does not have standing. Landes counters that she has the right to challenge the constitutionality of acts of the legislative branch under federal statute and case law, most
significantly under Marbury v. Madison, 5 U.S. 137 (1803).

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Early American history seems to favor the Landes position. Prior to the Civil War, voting was a public and transparent process. It was only after
the war, as the elective franchise expanded to minorities and women, three changes to state and federal election laws were adopted that eventually made the voting process a private and ontransparent enterprise: absentee voting was allowed (1870's), the Australian secret ballot method was adopted
(1880's), and voting machines were permitted by Congress (1899).

Today, 94.6% of all votes are processed by machines and approximately 30% of all voting is conducted early or by absentee.

The defendants' response is due at the Supreme Court no later than February 24, 2006. The Landes lawsuit can be found at the following url:
www.EcoTalk.org/lawsuit.doc
Docket no: http://search.access.gpo.gov/supreme-court/searchright.asp?ct=supreme-court-dockets&q1=05-930&x=18&y=17

Source:

EcoTalk.org
Lynn Landes, publisher
215-629-3553
lynnlandes@earthlink.net

 

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Rob Kall is an award winning journalist, inventor, software architect, connector and visionary. His work and his writing have been featured in the New York Times, the Wall Street Journal, CNN, ABC, the HuffingtonPost, Success, Discover and other media. He's given talks and workshops to Fortune 500 execs and national medical and psychological organizations, and pioneered first-of-their-kind conferences in Positive Psychology, Brain Science and Story. He hosts some of the world's smartest, most interesting and powerful people on his Bottom Up Radio Show, and founded and publishes one of the top Google- ranked progressive news and opinion sites, OpEdNews.com

more detailed bio: 

Rob Kall has spent his adult life as an awakener and empowerer-- first in the field of biofeedback, inventing products, developing software and a music recording label, MuPsych, within the company he founded in 1978-- Futurehealth, and founding, organizing and running 3 conferences: Winter Brain, on Neurofeedback and consciousness, Optimal Functioning and Positive Psychology (a pioneer in the field of Positive Psychology, first presenting workshops on it in 1985) and Storycon Summit Meeting on the Art Science and Application of Story-- each the first of their kind.  Then, when he found the process of raising people's consciousness and empowering them to take more control of their lives  one person at a time was too slow, he founded Opednews.com-- which has been the top search result on Google for the terms liberal news and progressive opinion for several years. Rob began his Bottom-up Radio show, broadcast on WNJC 1360 AM to Metro Philly, also available on iTunes, covering the transition of our culture, business and world from predominantly Top-down (hierarchical, centralized, authoritarian, patriarchal, big)  to bottom-up (egalitarian, local, interdependent, grassroots, archetypal feminine and small.) Recent long-term projects include a book, Bottom-up-- The Connection Revolution, debillionairizing the planet and the Psychopathy Defense and Optimization Project. 

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