Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

PA: DoJ Threatens to Sue State For Not Outsourcing Democracy

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Topic Forums » Election Reform Donate to DU
 
Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 02:57 AM
Original message
PA: DoJ Threatens to Sue State For Not Outsourcing Democracy

U.S. threatens to sue state over voting machine delays

Friday, February 24, 2006

By Jerome L. Sherman, Pittsburgh Post-Gazette

The U.S. Justice Department has threatened to sue Pennsylvania and Westmoreland County if they don't move quickly to comply with the Help America Vote Act, a federal law that requires local governments nationwide to install new voting machines this year.

Assistant U.S. Attorney General Wan J. Kim wrote state and county officials Wednesday, setting the end of next week as a deadline to reach an agreement and avoid a lawsuit. The state could forfeit as much as $23 million in federal aid if it doesn't act, the letter said.

But officials here are stuck.

A group of voting rights activists in Westmoreland County last week persuaded Commonwealth Court to block the county from moving ahead, citing a provision in the state constitution that requires a referendum on the purchase of new voting machines.

The state Supreme Court has agreed to hear the case. Pennsylvania's Department of State, also a party in the lawsuit, and Charles A. Pascal Jr., a lawyer for the activists, submitted briefs on Wednesday.

snip

http://www.post-gazette.com/pg/06055/660496.stm


DoJ Letter
(.pdf)
http://moritzlaw.osu.edu/blogs/tokaji/DOJ-PALtr.pdf

Printer Friendly | Permalink |  | Top
demodonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 07:38 AM
Response to Original message
1. Breaking Story (Thursday) HERE: Feds plan ballot lawsuit
Feds plan ballot lawsuit

By David Hunt
TRIBUNE-REVIEW
Thursday, February 23, 2006

The U.S. Department of Justice is stepping between Westmoreland County and a citizens group to end a court battle calling into question whether voters have a say in how they will cast ballots.

Assistant Attorney General Wan J. Kim notified state and county officials in a letter this week that the Justice Department plans to file a federal lawsuit against them within 10 days in an effort to overpower any lower court rulings. The letter says the action seeks to ensure that all Pennsylvania counties comply with the Help America Vote Act, a 4-year-old federal law passed in response to vote-counting problems in the 2000 federal election.

http://pittsburghlive.com/x/tribune-review/election/s_426772.html
Printer Friendly | Permalink |  | Top
 
demodonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 07:40 AM
Response to Reply #1
2. More HERE: Attorney aims to get voting machine case to high court
Attorney aims to get voting machine case to high court

By David Hunt
TRIBUNE-REVIEW
Friday, February 24, 2006

An Armstrong County attorney said he is working to prevent the federal government from gaining a court order that may have Westmoreland County voters casting ballots on electronic machines that would be bought without a constitutionally protected voter say-so.

Charles A. Pascal Jr. represents a citizens' group that was successful in convincing a Commonwealth Court judge last week to block Westmoreland's planned purchase of iVotronic touch-screen machines for the county's 306 polling places.

http://pittsburghlive.com/x/tribune-review/trib/westmoreland/s_427212.html
Printer Friendly | Permalink |  | Top
 
Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 09:34 AM
Response to Original message
3. This is the most important lawsuit in the country, bar none!
Thanks for posting it here, Wilms! I saw it over at General Discussion-Politics, posted by "Efilroft Sul"...

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x2477549

...and came over here to see what's doing with this.

1. The Constitution gives the states power over election systems--and that SHOULD trump HAVA, but it depends on getting a fair judge (something we can't count on these days).

2. The states' power over election systems is the only way we can get rid of these election theft machines. We can't get election reform out of a Diebolded Congress.

I expected this assault on the election reform movement to come in a different way--with a bill in Congress (out of the phony Baker-Carter "commission") federalizing elections, under the guise of more "reform." But this is a sneakier route for the Bush junta, in which they won't clash directly and all at once with state election officials/states rights. They'll just have HAVA--a mere Congressional bill--trump the Constitution, in this one lawsuit, and send a chill through state/county election offices and the election reform movement, and give bad judges a precedent to cite for throwing such lawsuits out, early on. However, with Roberts and Alito now on the SCOTUS, they might even push it, to get an early SCOTUS ruling saying the junta can overrule the states.

If the DoJ wins this, here are the kind of elections we're going to have in the future, in every state--and we will be helpless to prevent it. There will be no remedy:

Bob Koehler article: Recently, four election reform initiatives in Ohio, predicted to win by 60/40 votes, were flipped over by the machines, on election day, into 60/40 LOSSES!--the biggest flipover we've seen yet. The election theft machines and their masters are now dictating the election rules...
www.tmsfeatures.com/tmsfeatures/subcategory.jsp?file=20051124ctnbk-a.txt&catid=1824&code=ctnbk

:mad: :banghead: :grr: :argh:

------------------------------

However, CONGRATS and THANKS and KUDOS to the PA citizens group for HITTING THE NAIL ON THE HEAD, with their lawsuit. LET THE PEOPLE DECIDE HOW THEY WILL CAST THEIR VOTES! And BLESSINGS UPON THEM for drawing Bush junta fire! These folks know what's what. This is IT. This is the whole ballgame.
Printer Friendly | Permalink |  | Top
 
Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 09:45 AM
Response to Reply #3
4. Wilms, I think this DoJ threat needs a hotter title.
Let's see if there are any other articles on it, or find this citizen group's web site, or some additional info, and post with a title like:

Bush Junta to Force Election Theft Machines on Voters/States

or...

Bush Junta Assaults Voters' Right to Choose Election System

-----

I'll work on a further posting of this--and come back here for your input.
Printer Friendly | Permalink |  | Top
 
Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:41 AM
Response to Reply #4
6. Oh, man! Oh, man! This is TYRANNY! This is so-o-o-o-o-o bad!
The STATE is in cahoots with the Bush junta to impose these election theft machines. That's the bad news. They are having cozy little "talks" with junta DoJ lawyers to find a way around the state constitution's requirement that voters okay new election systems. This is so frigging corrupt, I can't believe it. The state is in fact INVITING a junta (DoJ) lawsuit. And what the junta is doing is using the $4 billion HAVA boondoggle that Tom Delay and Bob Ney arranged for this purpose, as a club, and a bribe, to bludgeon/entice state/county election officials to break their own state's laws.

We've seen this HAVA boondoggle club/bribe before--all across the country. But here it directly conflicts with a state constitutional election law on voting systems. It is in fact the state of PA's and Westmoreland County's fault that they are now in the position of losing that filthy HAVA money. They surely knew of their own state law. They went ahead anyway with conversion to election theft machinery without voter approval, because, as we all know, if the voters are ever given a choice, they will choose TRANSPARENT, VERIFIABLE elections, with votes counted in a way that everyone can see and understand.

The good news is that it's just "talks" so far. The DoJ hasn't acted yet. They'll likely make their move (file suit against the state) if the PA Supreme Court rules in favor of the citizens and the state constitution. (The US Constitution clearly gives power over election systems to the states--but with the SCOTUS now packed with junta justices, it's questionable that SCOTUS will uphold the Constitution against the junta Congress and its goddamned HAVA election theft scheme.)

Here's another article on it, Feb. 14 (re the first judge's ruling, in favor of the citizens):

http://www.post-gazette.com/pg/06045/654962.stm

It contains several important details. As it stands--in the judge's ruling--Westmoreland County must use PAPER BALLOTS in federal elections, until the VOTERS have had a chance to vote on the electronic voting system. (They may use old punchcards for lower level elections--HAVA doesn't apply to lower elections.) Imagine! Honest old PAPER BALLOTS in the '06 federal elections!

It's ES&S TOUCHSCREENS that are the issue. ES&S, a spinoff of Diebold, was initially funded by rightwing billionaire Howard Ahmanson, who also gave one million dollars to the nutso "Christian" Chalcedon Foundation (which, among other things, touts the death penalty for homosexuals). Diebold and ES&S election theft machines have similar computer architecture, and the two companies have an incestuous relationship. They are run by two brothers, Todd and Bob Urosevich. Until recently, Diebold had a CEO (Wally O'Dell) who was a Bush/Cheney campaign chair, major donor and fundraiser (he promised in writing to "deliver" Ohio's electoral votes to Bush/Cheney in 2004).

These are the people "counting" all our votes under a veil of secrecy. (I mean, come on, DEMOCRATIC PARTY LEADERS! This is just un-frigging-believable!)

ES&S is BAD NEWS--as bad as Diebold. And the touchscreens are the baddest news of all (after "trade secret," proprietary programming code, true of all current electronic voting systems). It was the touchscreens that were found to be switching Kerry votes to Bush votes in 2004, right within the voting machine itself (as opposed to percentage theft programs in the central tabulators). Use a touchscreen = vote Republican (whether you want to or not).

I can't find the name of the citizen group that sued--to find their web site (if they have one)--but one of the citizen plaintiffs is state Sen. Jim Ferlo, D-Highland Park. I'll go look him up now.

:bounce:


Printer Friendly | Permalink |  | Top
 
Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:49 AM
Response to Reply #6
7. GREAT WEB SITE: http://www.votepa.us/
This looks to be the citizen groups' web site--or closely related to it. I'll explore it. A great web site, on first gander.

Go, Citizen Patriots of Pennsylvania! :woohoo:
Printer Friendly | Permalink |  | Top
 
Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 11:12 AM
Response to Reply #7
8. To support this lawsuit, SEND CHECKS TO:
Write "Legal Defense Fund" on the memo line, and mail it to:
D-PAC   P.O. Box 2208   Butler, PA 16003-2208

See: www.votepa.us (page one--center box, the one with attorney Pascal's photo in it)

I guess you make the check out to D-PAC (with "Legal Defense Fund" on the memo line). There is also a PayPal link (see front page, bottom left). This is the only matter on which this web site is not absolutely wonderful. It is otherwise an ABSOLUTELY WONDERFUL web site--clear, precise, informative, well-organized. Boy, are these people well-organized. Check it out!

There is a fundraiser in Pennsylvania March 10.* For those who can't go, send money! This is the MOST IMPORTANT LAWSUIT in the nation! The Bush junta is targeting it!

*Friday, March 10, 2006   5:00-7 pm
Fundraiser for the lawsuit(s): Palmer's Taproom & Grill    Located at Oakview Country Club Golf Course -- 160 Ralston Road    Slippery Rock, PA 16057

Here's to the involved, vigilant, smart, dauntless, unstoppable, well-organized, patriotic citizens of Pennsylvania and their lawsuits against election theft!!! :toast:
Printer Friendly | Permalink |  | Top
 
kster Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:39 AM
Response to Original message
5. K&R........nt
Printer Friendly | Permalink |  | Top
 
Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 11:23 AM
Response to Original message
9. Come on, DUers! Kick this to the main page! This lawsuit is VITAL
to our democracy. This is IT. This is THE battleground of the Bush junta war against us.

Big fight in California right now, too--with a Sec of State candidate (state Senator Debra Bowen) leading the charge. See: www.debrabowen.com. They are pulling all kinds of illegal shenanigans here, too, to get Diebold's worst election theft machines back into our state before this year's primary and general elections. It's very, very, very, very important to the junta. And if you can't see anything else about this issue, see THIS. We know what's important to the junta by the laws they break!

Guess where our democracy's going, if we don't win the fight for TRANSPARENT elections?

:hurts:
Printer Friendly | Permalink |  | Top
 
info being Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 11:28 AM
Response to Original message
10. Help America Vote. Make the decision for them.
Printer Friendly | Permalink |  | Top
 
Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 02:36 PM
Response to Reply #10
12. Someone the other day called it the "Help American Vendors Act."
Har-har!
Printer Friendly | Permalink |  | Top
 
drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 12:57 PM
Response to Original message
11. K&R
This is my state. :kick:
Printer Friendly | Permalink |  | Top
 
nicknameless Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 06:28 PM
Response to Original message
13. COUNTER SUIT
States are being blackmailed into purchasing vote-stealing election-flipping garbage.

R'ed
Printer Friendly | Permalink |  | Top
 
Yellow Horse Donating Member (462 posts) Send PM | Profile | Ignore Sat Feb-25-06 07:12 AM
Response to Original message
14. Kick -- What a MESS -- this is serious!
:kick:

Please help!
Printer Friendly | Permalink |  | Top
 
demodonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-25-06 09:41 AM
Response to Original message
15. MORE: Supreme Court gets voting machine case (Governor gets involved!)
Supreme Court gets voting machine case
By David Hunt
TRIBUNE-REVIEW
Saturday, February 25, 2006

Pennsylvania's Supreme Court justices are scheduled to begin hearing arguments in the Westmoreland County voting machine lawsuit next week.
Court records show that lawyers on both sides will present their cases before the judicial panel at the City-County Building on Grant Street in Pittsburgh. The lawsuit is among six cases to be heard starting at 9:30 a.m. Wednesday.

The case was appealed to the state's highest court after Commonwealth Court Judge Dan Pellegrini sided with a citizens' group arguing that Westmoreland County officials were required under state law to schedule a referendum before decades-old levered voting machines could be replaced.

On Friday, Gov. Ed Rendell asked the state Supreme Court, which already has agreed to an expedited schedule, for a quick decision so all county boards of elections can determine how to prepare for the May 16 primary election.

http://pittsburghlive.com/x/tribune-review/trib/westmoreland/s_427483.html
Printer Friendly | Permalink |  | Top
 
Yellow Horse Donating Member (462 posts) Send PM | Profile | Ignore Sat Feb-25-06 04:35 PM
Response to Original message
16. Kick for the PA citizen-patriots, please
:woohoo:
Printer Friendly | Permalink |  | Top
 
demodonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Feb-25-06 04:41 PM
Response to Original message
17. Rendell urges action on ballots
Rendell urges action on ballots
By Peter Jackson
The Associated Press

HARRISBURG -- Gov. Ed Rendell urged the state Supreme Court on Friday to act swiftly to resolve the growing chaos surrounding voting systems in many Pennsylvania counties, amid a threat by the federal government to sue over the state's compliance with new national standards,

"An expedited ruling will allow our counties to prepare their ballot boxes, or buy accessible voting systems, in time" for the May 16 primary election, Rendell said.

At issue is last week's Commonwealth Court ruling that halted -- at least temporarily -- Westmoreland County's plans to replace its mechanical lever voting machines with 750 computerized touch-screen voting devices. The ruling potentially jeopardizes almost $1 million in federal money that has been earmarked to reimburse the county for that purchase.

The Supreme Court plans to hear oral arguments in the state's appeal of that ruling in Pittsburgh on Wednesday.

http://www.centredaily.com/mld/centredaily/news/politics/13958523.htm
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu Apr 25th 2024, 04:43 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Topic Forums » Election Reform Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC