Seven candidates. Two lawyers. One ordinary citizen with firm resolve.
This is an example of what you can accomplish. Now, to expand on this: We cannot overstate the importance of getting involved and gathering real evidence. There are no small elections. Every election represents the integrity of the machinery and the procedures for the jurisdiction itself.
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Seven candidates, from two different political parties, have joined together to fight the Kentucky machine. One ordinary citizen has galvanized this action and stopped this very important case from being dismissed.
When Glenda Young called Black Box Voting she was a woman with a mission. "I need a lawyer," she said. "Can you help?"
Her plain spoken Southern drawl was laced with urgency and determination. "I believe that a great injustice has been done. When seven candidates join together from different parties to contest an election because they believe it was not honest, something's terribly wrong."
After questioning her, Kathleen Wynne of Black Box Voting was sufficiently concerned about procedural violations in the election that she took it upon herself to contact several attorneys on Glenda's behalf. The first attorney to understand the urgency and importance of this case was Paul Lehto, a formidable advocate for clean elections from Everett, Washington.
The candidates had already filed a case with local counsel, and a motion had been filed to dismiss. Lehto wasted no time catching a plane to Kentucky. After meeting with candidates, who provided hair-raising accounts of election irregularities, Lehto stepped in to fight the dismissal with the aid of local attorney Leroy Gilbert.
According to Lehto & Gilbert's legal brief:
quote:
The Court must recall at all times that the voting here in question involves invisible electronic ballots which have not been inspected at any time by any party hereto, even the County Clerk has not counted them. Rather, the electronic ballots have been purported to be counted in secret by trade secret counting software owned by the vendors.
There is no reason at all or basis for confidence in the electronic counting until verified by the plaintiffs not only because the Clerk himself is a defendant-candidate here, but also because it is the nature of the computer to do precisely as it is told without reference to any laws, morals or ethics.
Lehto explains: "Computers do what they're told -- without regard to laws, ethics or morals, and THAT's the problem. They can put computers into elections when they find a computer that fears going to jail."
A copy of the plaintiff's supplemental response to the motion to dismiss can be seen here:
http://www.bbvdocs.org/legal/kentucky-dismissal.pdf
Here is a copy of Lehto and Gilbert's offer of proof for the motion to dismiss:
http://www.bbvdocs.org/legal/lehto-dismissal-response.pdf
Copy of original petition:
http://www.bbvdocs.org/legal/kentucky-original.pdf
Glenda Young is a prime example of the backbone of America. One person CAN make a difference. When she called Black Box Voting, we realized that she was as serious as a heart attack. It was clear that there was no way she was going to back down, whether we helped her or not. This is the kind of tenacity it's going to take to reclaim our elections.
"I never believed this would happen in my own back yard," Young says. "It is up to us as the people of America to take a stand."
Lehto explains:
"For all the talking points of elections officials about pre-election testing, post-LAT testing, parallel testing, ITA certification, etc., the ONLY relevant question is WHAT WAS THE MACHINE TOLD TO DO ON ELECTION DAY ITSELF?
"We don't doubt that the machines CAN count correctly...We wonder what they were told to do on election day that causes either a malfunction (because computers are so complicated and literal) or causes a fraud (because computers will do ANYTHING)."
The machines in use were Hart Intercivic DREs. The evidenciary phase of this case has not been opened yet, but when candidates from two parties join together to file a joint lawsuit, red flags go up like the Fourth of July.
Seven candidates. Two lawyers. One ordinary citizen with firm resolve.
This is an example of what you can accomplish. Now, to expand on this: We cannot overstate the importance of getting involved and gathering real evidence. Evidence = photographs, audio recordings, video, and public records.
There are no small elections. Every election represents the integrity of the machinery and the procedures for the jurisdiction itself. If there is a problem with a local race, you can't have confidence in any race above it.
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PERMISSION TO REPRINT OR EXCERPT GRANTED, WITH LINK TO
http://www.blackboxvoting.org
Submitter: Joan Brunwasser
Submitters Website: http://www.opednews.com/author/author79.html
Submitters Bio:
Joan Brunwasser is a co-founder of Citizens for Election Reform (CER) which since 2005 existed for the sole purpose of raising the public awareness of the critical need for election reform. Our goal: to restore fair, accurate, transparent, secure elections where votes are cast in private and counted in public. Because the problems with electronic (computerized) voting systems include a lack of transparency and the ability to accurately check and authenticate the vote cast, these systems can alter election results and therefore are simply antithetical to democratic principles and functioning.
Since the pivotal 2004 Presidential election, Joan has come to see the connection between a broken election system, a dysfunctional, corporate media and a total lack of campaign finance reform. This has led her to enlarge the parameters of her writing to include interviews with whistle-blowers and articulate others who give a view quite different from that presented by the mainstream media. She also turns the spotlight on activists and ordinary folks who are striving to make a difference, to clean up and improve their corner of the world. By focusing on these intrepid individuals, she gives hope and inspiration to those who might otherwise be turned off and alienated. She also interviews people in the arts in all their variations - authors, journalists, filmmakers, actors, playwrights, and artists. Why? The bottom line: without art and inspiration, we lose one of the best parts of ourselves. And we're all in this together. If Joan can keep even one of her fellow citizens going another day, she considers her job well done.
When Joan hit one million page views, OEN Managing Editor, Meryl Ann Butler interviewed her, turning interviewer briefly into interviewee. Read the interview here.
While the news is often quite depressing, Joan nevertheless strives to maintain her mantra: "Grab life now in an exuberant embrace!"
Joan has been Election Integrity Editor for OpEdNews since December, 2005. Her articles also appear at Huffington Post, RepublicMedia.TV and Scoop.co.nz.