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Georgia Lawsuit Filed over E-Voting Questionability

By Kristina Cates  Posted by Matthew Cardinale (about the submitter)       (Page 1 of 4 pages)   No comments
Message Matthew Cardinale
This article courtesy of Atlanta Progressive News.

(APN) ATLANTA - Representatives from VoterGA filed suit this morning against Secretary of State Cathy Cox, the Georgia State Election Board, and Governor Sonny Purdue over the current electronic voting system as well as the audit trail pilot project.

VoterGA held a press conference to discuss the lawsuit this morning at a downtown hotel. Afterwards, Atlanta Progressive News joined activists in a procession to go file the suit.

VoterGA is representing the largest group of impacted citizens in Georgia legal history.

Plaintiffs include members from other voter rights organizations, such as Defenders of Democracy, and members of several political parties including the Libertarian, Green, and Constitution parties of Georgia. The plaintiffs are Garland Favorito, Mark Sawyer, Ricardo Davis, Al Herman, Freida Smith, Kathryn Weitzel, and Adam Shapiro.

Shapiro, a radio host of Current Events on 89.3 WRFG Radio Free Georgia, is blind, and is adding his own concerns about E-voting to the suit specifically related to his lack of eyesight.

There are seven counts being brought against the defendants, including five against the current system and two against the audit trail pilot project. The filing also states the court has jurisdiction over the matter as per the US Constitution.

"Plaintiffs are electors of the State of Georgia opposed to Georgia's use of Diebold Touch-Screen voting machines, hereinafter "DVMS", as currently used and configured," a copy of the brief obtained by Atlanta Progressive News reads.

"Said DVMS are being used throughout the State of Georgia in its elections and referenda in derogation of Plaintiffs' legal and constitutional rights to have verifiable, auditable, and recount-capable election results available to them, to election officials, and to the public so as to properly safeguard the integrity, credibility, and reliability of the electoral process," the brief says.

The suit alleges Georgia's election process isn't currently legal, as the elections process lacks a number of vital components named in the state's election code.

For instance, the suit claims a true recount is impossible at present, as there is no way to determine voter intent or the integrity of the vote itself without a paper trail.

"What we're trying to do is protect the future voting rights of nine million people," Garland Favorito, one spokesperson for VoterGA, said in a previous press conference two weeks ago which discussed the plans for the lawsuit at that time.

"All direct physical evidence of voter intent has been removed from Georgia elections," Favorito said.

The lawsuit will not attempt to get an injunction to halt the upcoming Primary Election. The organization is hopeful a judge may decide to do that, though, Favorito told Atlanta Progressive News in a phone interview.

"We don't want to jeopardize the suit," Favorito said.

VoterGA ultimately wants a judge to issue an injunction that would force fair elections systems; however, they're just not specifying it needs to be by Tuesday's Primary Election.

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Matthew Cardinale is Editor of Atlanta Progressive News. He has written previously for the Sun-Sentinel Newspaper, Shelterforce Magazine, The Advocate Magazine, The San Francisco Bay View, and the Berkeley Daily Planet Newspaper. He has also (more...)
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