Judge Issues Order Denying Jennings and Intervenors Permission to Examine Source Code in FL-13

[kpete]

December 29, 2006

Judge Issues Order Denying Jennings and Intervenors Permission to Examine Source Code in FL-13 Election Contest
The judge's order here http://electionlawblog.org/archives/ess-pdf.pdf. A snippet: "Plaintiffs have presented no evidence to demonstrate that the parallel testing was flawed and/or the results not valid. ...The testimony of Plaintiffs' experts was nothing more than conjecture and not supported by credible evidence."

http://electionlawblog.org/archives/007551.html

[rumpel]

1. I was just going to post - this is incredible

Now that we have a Dem Congress, suddendly the Courts can issue rulings!

:mad:

[Stevepol]

2. Really disappointing. How can people be so obtuse?

[DeSwiss]

3. So....

....a 18,000+ undercount = No evidence demonstrating testing flaws or invalid results.

Judge = Corruption plus stupidity wears judicial robes in Florida.

:grr:

[Mnemosyne]

4. kick... n/t

[thereismore]

5. Fvck, so now you have to prove it before you can examine it? nt

[nicknameless]

6. What an effing farce.

I'm assuming there will be an appeal.

The GOP managed to get machines impounded in PA. They have a tradition of suing anyone and everyone who stands in their way -- from election officials to judges.

Will this playing field ever be level?
I'm so fed up with Dems acquiescing and going away quietly. Hopefully, that won't happen this time.

K&R

[Heywood J]

7. This is why

the system needs more jury inquests or grand jury examinations. Judges are appointed by political masters, with their own philosophies. At least with twelve jurors, you get a spread of the political spectrum to try and cancel out bias.

Chalk one up on the list of judges whose credibility and impartiality needs to be "re-examined".

[stevenstevensteven]

8. So unfortunate

They set themselves up for failure almost from the beginning.
The parallel testing regime was statistically flawed. They
never identified highly probably causes of the discrepancies,
they simple moved forward with an almost random trial and error
process. Almost all key mission critical election assets were
untested. What a complete disappointment, as this was an opportunity
to uncover a potential configuration mistake that will now remain
out of the public domain.

Finally, they didn't need to review source code to uncover the issue.
But they concocted a scientifically flawed theorem that they could not
prove, and the judge didn't go for it. Now, by loosing, they have setup
a legal precedent supporting the intellectual property rights of vendors.
What a terrible terrible shame, as this could have all been handled with
much more maturity with a chance for a much better outcome.