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"Don't Outsource Democracy" Lawsuit To Be Filed

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JohnGideon Donating Member (492 posts) Send PM | Profile | Ignore Sun Jan-30-05 01:18 PM
Original message
"Don't Outsource Democracy" Lawsuit To Be Filed
Today, in company with Congressmen Jim McDermott (D-WA) and Dennis Kucinich (D-OH) there will be an announcement about the filing of a lawsuit against Snohomish Co., WA and Sequoia Voting System. Below is information that will be made available at this meeting and it is available at: http://www.votersunite.org/info/outsourcedemocracyno.asp

The following is the strong and longstanding public policy of the state of Washington as well as our democracy.

RCW 42.30.010
Legislative declaration.

The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly.

The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

<1971 ex.s. c 250 § 1.> (Revised Code of Washington State)

Although the people and voters of this country have always insisted on retaining control of the instruments they create, and that ultimately all power is granted from the people, and even though elections have long been required to be free, equal, and open to all observers, electronic voting has made the counting of our vote secret. It has been made secret because the electronic voting companies claim that their counting software is a proprietary trade secret and they will not allow anyone to study the computer code or test their machines in any way the voting machine companies do not approve.

The people of the state of Washington and the United States have literally never agreed to have their votes counted in secret. We have always insisted on having observers from any interested party present to observe and monitor the counting of the vote. Because corporations — sometimes multinational corporations — now count our votes in secret, we believe it is completely accurate to say that our democracy is being outsourced. This should never occur, because no government official or government body has the authority to destroy the integrity of our democratic vote counting.

Consequently, a lawsuit will be filed in the public interest pointing out that such contracts allowing for trade-secret vote counting are invalid and requesting that the companies either stipulate to utter transparency and verification of the vote count or leave the public sector and return to the private sector, where they are free to keep secrets if they wish.

The suit cannot be compromised, because to do so would substitute private gain for the restoration of our democracy and constitutional rights. Therefore, all damages (if any) will go to charity, and all attorney fees will as well. Any funds raised for the suit will only be used to fund out-of-pocket expenses and costs, and if those are ultimately reimbursed by a settlement or judgment they will also go to charity. In this way, the lawsuit intends to insist that it is the people who hold the power in this country, not the government, and not corporations.

... government of the people,
by the people, for the people shall not perish ...
~ Abraham Lincoln
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 01:24 PM
Response to Original message
1. I can not believe that the regular Republican voter can stand for this.
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 01:41 PM
Response to Original message
2. Boy! This hits the nail on the head!
It's about damn time!!

:kick::kick::kick:
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troubleinwinter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 01:49 PM
Response to Original message
3. Beautiful.
"contracts allowing for trade-secret vote counting are invalid"

"either stipulate to utter transparency and verification of the vote count or leave..."

YESSSSSsssssssss!!!!!!!!!!
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 03:01 PM
Response to Original message
4. kick N/T
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 03:14 PM
Response to Original message
5. Ah, Yes; it is in_deed happening!!!
Have updated a related thread at VR:

http://www.velvetrevolution.us/phpBB2/viewtopic.php?t=3

Peace.


TBO;24/7
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ottozen Donating Member (92 posts) Send PM | Profile | Ignore Sun Jan-30-05 04:20 PM
Response to Original message
6. We won't get fooled again.
You can fool all of the People some of the time; some of the People all of the time, but you cannot fool all of the People all of the time.

I think that was Abraham Lincoln, more or less.

Its never too late for the Truth!!!!!!!!!!!!!!!And Mr. Bush, the Truth will set you free from all of that hard work.
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 09:16 PM
Response to Original message
7. a TBO;24/7 kick (nt)
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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 10:13 PM
Response to Original message
8. Drip, drip, drip...
Until *Co dissolves.
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mopinko Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 10:22 PM
Response to Original message
9. i'm confused
this appears to be just a declaration, made by ?? to ??
is this a part of a lawsuit? when and where will it be filed, and by whom? or is this a part of a legislative initiative, or just a declaration that will not be voted on? or what?
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suffragette Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 10:46 PM
Response to Reply #9
10. Revised Code of WA (RCW) is "the compilation of all current laws in force"
Edited on Sun Jan-30-05 10:59 PM by suffragette
They are citing a section from RCW 42.30.010 which ends with the line that begins >1971.
That includes the term "Legislative declaration."
It looks like they are going to file something based on this law.
Here's a link to WA legislature and RCW 42.30.010

Cheers for my rep, Jim McDermott, for Kucinich and for votersunite.org.

Edited to add Kucinich and votersunite.org :)
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mopinko Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-30-05 11:52 PM
Response to Reply #10
11. well
i'm still confused. looks like doesn't tell me anything.
don't mean to be cranky, just getting tired of getting my hopes up.
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JohnGideon Donating Member (492 posts) Send PM | Profile | Ignore Mon Jan-31-05 03:56 PM
Response to Reply #9
12. I hope; no more confusion....
There is going to be a lawsuit. The suit will be filed by attorneys representing another attorney from SnoCo. The suit will be filed against the county and directly against Sequoia for violation of the state constitution; i.e. outsourcing vote counting.

This suit is being brought, pro bono, with no monetary award being requested from anyone. In fact, the attorneys who are filing this suit will request that the attorneys for the county and for Sequoia work in a true democratic manner and debate this subject pro bono. The only award requested is the release of all vote counting software and records, thus opening the books on Sequoia. If a judge should make any monetary awards those monies will go to charity.

I hope that clears-up the confusion.
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mopinko Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-31-05 04:37 PM
Response to Reply #12
14. well, please keep us
informed of developments. thanks
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suffragette Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-31-05 04:43 PM
Response to Reply #12
15. fantastic news
Please let us know when this is filed.
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marions ghost Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-31-05 04:11 PM
Response to Original message
13. KICK
every state code should have this...
is WA the only one?

:kick:
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Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-31-05 05:30 PM
Response to Reply #13
16. other state's laws
often have similar language, look for your local state's open meetings act and investigate that, sometimes called the sunshine act, also look for election laws re governmental openness, and public disclosure laws in your state.
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marions ghost Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-31-05 10:48 PM
Response to Reply #16
17. thanks for the tip
it would be intersting to see how various states compare and whether they really stand behind these laws
I guess this case if it goes through in WA would be a test of that
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JohnGideon Donating Member (492 posts) Send PM | Profile | Ignore Mon Jan-31-05 11:16 PM
Response to Reply #17
18. In Theory...
if we win this case Sequoia will have to open the books to us. That's the point. People ask for open software, this may have to be the way we get it.
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emlev Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-05 03:13 AM
Response to Original message
19. kickin' too late at night to do much good...
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Vidar Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-05 05:00 AM
Response to Original message
20. Bravo for these two.
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-01-05 10:32 AM
Response to Original message
21. a TBO;24/7 kick (nt)
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JohnGideon Donating Member (492 posts) Send PM | Profile | Ignore Tue Feb-01-05 06:57 PM
Response to Original message
22. kick one more time n/t
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Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-02-05 05:31 PM
Response to Original message
23. Slight correction
Cong. McDermott and Cong Kucinich spoke at the same forum where the lawsuit was announced but do not have a copy of any lawsuit, haven't been asked to announce it, and so forth. We have no reason to believe they wouldn't support the idea of eliminating secret vote counting, but it's still their call, and they have to make a decision for themselves after they are given full information.
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