can't a judge impound voting machines suspected of being manipulated?

[colonel odis]

what tangible action has to be taken to find evidence that the vote tallies were manipulated?

i imagine that the longer this goes on the greater the chance that the trail will get cold.

[pnutchuck]

1. Find a judge in these states willing to go against their own party

[imenja]

2. with probable cause, yes

I'm sure he or she could, but a petition would have to be filed that establishes probable cause for doing so. Suspicion wouldn't be enough.
I'm not a lawyer, but that's my guess based on my vast knowledge acquired through watching crime dramas and Court TV :)

[Sanity Claws]

3. Maybe

I'm an attorney and do civil matters, not criminal. There is a civil cause of action for infringement of civil rights by states. It's called a section 1983 claim (it's under 42 USC Section 1983). HOwever, the person or persons bringing suit have to show that this machine is critical to determining whether this person's right to vote was infringed upon, in order to get a tro and preliminary injunction to prevent the removal of the machine. Idea: that possibly could be shown in the instance where machines registered more votes than there were voters. Clearly all actual voters had their votes improperly diluted or nullified.

Just some rambling thoughts...

[imenja]

4. Any interest in doing that yourself?

Sounds great to me. Would you be able to file such a suit? I believe they've adjusted the votes in those counties were more votes appeared that voters, but there are so many other problems across the country.

[Sanity Claws]

5. Can't

I'm licensed to practice in WA and NY only, both true blue states. I would welcome an opportunity to hash out viable legal theories with other attorneys, though. I do some civil rights work and have sued municipalities, states, and other governmental entities on section 1983. If you know someone who would welcome such help, like the Ohio or Florida Democratic Party, I'd be glad to contribute.

[ParanoidPat]

6. Welcome to DU o angry one!

Have you signed up at http://blackboxvoting.org ? I'm sure Bev and Andy can use all the legal help they can get right now. :)

In some states like Georgia they've codified the treatment of voting systems which have had their accuracy questioned and have stipulated that three people should investigate such systems, two mechanics and a patent attorney! Should one of the mechanics be smart enough to ask about how the electronics or software work the patent attorney is there to stop them and remind them that it's proprietary information! :(

[Sanity Claws]

7. I didn't know

that Georgia had that written in the law. That is such horseshit. I don't do government contracts, but I can imagine when soliciting bids, the government could specify that the proprietary information is sold with the equipment. It may drive up the price but it would be well worth it.

[Sanity Claws]

9. Paranoid,

Is it okay if I call you by your first name, Paranoid? :)

I tried to sign up but apparently so many people are volunteering and sending words of encouragement that the email box is full. (Isn't that great news?) I'll try again tomorrow.

[ParanoidPat]

10. Thanks! You can call me anything you wish!

:evilgrin:

If you're interested in checking out election code, here's two good links to start with.

http://www.law.cornell.edu/topics/state_statutes2.html {Scroll down to 'elections')

http://www.lawresearch.com/v2/statute/statstate.htm#elections

[Jasper 91]

8. The trail won't get cold, so much as get buried.

Everyday that goes by , gives them more time to hide the evidence and swap ballots. If the recounts don't start soon it will be too late, the new fix will be in.