Cramdown, Stripdown, Lockdown Democracy In The USA
Thursday, 20 April 2006, 10:44 am
Article: Michael CollinsSIMPLE QUESTIONS -- TROUBLING ANSWERS
Q&A Session with a Commissioner of the Elections Assistance Commission Reveals Massive Violations of Citizen Rights
Secret Vote Counting Crammed Down the Throat of Democracy
Special Report for “Scoop” Independent Media
First in a Series on HAVA and the EAC
by Michael Collins
Washington, DC
INTRODUCTION:
The Help America Vote Act of 2002 (HAVA) was passed on the heels of the Florida 2000 presidential election and its “hanging chad” problem. These ambiguous ballot chads riveted and frustrated the nation for a couple of months in late 2000. However, few thought the solution to the ambiguity of hanging chad evidence of a voter’s intent would be to completely eliminate that evidence.
With the help of nearly $4 billion in federal grants, HAVA eliminates the evidence of voter intent by eliminating the paper. Instead of paper ballots we have votes registered and counted on "touch screens" - computer based direct recording electronic (DRE) voting machines. Invisible electronic ballots are the result of these DRE touch screens.
Electronic vote counting software does the vital vote tabulation in secret. For citizens and public officials, the vote counting processes are strictly off limits. There is literally nothing to see. As a result, the public records of vote counting are gone. To preserve this secrecy, DRE purchase contracts often pledge the government to cooperate with the vendors to fight the very citizens the government is pledged to serve.
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Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress…
- United States Code, Title 42, Chapter 21, Civil Rights, Subchapter I-
Generally. Section 1983. Civil action for deprivation of rights.
When deprived of their rights by statute, regulation, or other means, individuals or groups of citizens can take their case to court. Citizens can defend democracy by reminding their elected officials and their bureaucratic employees of two important points. First, governments are instituted solely to secure and protect the rights and well-being of citizens. Second, it is the role of elected officials to be the guardians of democracy at all times. The necessary effects of EAC- and HAVA-driven purchase contracts for DREs should be noted clearly. If you complain about losing your rights through DRE secrecy and your government officials persist in instituting technology with secret vote counting, their behavior constitutes a violation of public rights that is then intentional, not simply negligent, because you have put them on notice.
A certified letter pointing out some of the facts and legal realities here or those located in the complaint in the following link should suffice for starters and can be adapted to your jurisdiction by a lawyer if a lawsuit becomes necessary. Check and inquire about your state law as part of the process. See www.votersunite.org/info/lehtolawsuit.asp (complaint link).