Voter Action Litigation Update July, 25, 2006

[eleny]

I just received this update in email.

Litigation Update
July 25, 2006

Colorado
After a lengthy hearing in Denver on Friday, July 19, 2006, Colorado District Court Judge Lawrence Manzanares ruled that the Plaintiffs have stated viable claims against Colorado Secretary of State Gigi Dennis and could proceed against her. The judge dismissed the claims against the Defendant Counties and County Clerks. The lead attorney for the Counties stated that the Counties would honor any order of the Court, even though they might no longer be parties to the case. With this understanding, having the Counties out of the case simplifies and focuses the issues.
Judge Manzanares stated that he was going to hear evidence on whether the Secretary had followed the law and her own regulations in certifying the subject DREs. The judge will allow discovery against the Secretary and will hold an evidentiary hearing on August 28 at 8:30 a.m. in Denver District Court.

The August 28 hearing date allows more time to discover and digest information about the Secretary’s certification process and the material supplied by the DRE manufacturers, particularly as to security and Independent Testing Authority issues. The hearing is now set for two days. We remain optimistic that the court will act to protect the integrity of Colorado elections and Colorado citizens’ individual voting rights.


Arizona
Three days later, on Monday, July 24, 2006, Arizona Superior Court Judge Barry Schneider granted motions to dismiss the plaintiffs’ complaint in Chavez v. Brewer. The judge stated in a brief written order that he chose to exercise judicial restraint, deferring to the state’s voting system selection process. He did not address Plaintiffs’ evidence that the Diebold and Sequoia touch screen voting systems are inaccurate, unreliable, vulnerable to tampering and inaccessible to voters with disabilities. Plaintiffs and Plaintiffs’ counsel (five attorneys at Perkins Coie Brown & Bain in Phoenix and Voter Action Co-Director Lowell Finley) are assessing their options for seeking review of the court’s decision and will decide shortly how to proceed.
We will not be deterred.

http://www.voteraction.org

[msongs]

1. good news, bad news followed by good news. nt