The Voting News Daily: PA e-voting court victory, DoJ Now Investigating Diebold/ES&S Merger

Pennsylvania Case Challenging the Use of Electronic Voting Machines Now Moves Toward Trial: “We now look forward to moving this case toward trial,” says Mary Kohart, a partner at Drinker Biddle & Reath LLP, one of the lawyers representing the voters. “There is overwhelming evidence showing that electronic voting machines are unreliable and insecure for the counting and recording of votes…”

Comments to the FCC on Internet Voting by Candice Hoke: “The Internet voting pilot programs were structured by for-profit vendors, who also reported on their “success” without any independent evaluation and transparency on some critical dimensions.

All this and much more in today’s voting news below….

CO: *Marks provides important service*
http://bit.ly/8MNp80
Dear Editor: Litigation has been filed in Aspen regarding the issue of the public
right to examine anonymous digital ballot images. This issue, of
national importance, offers an important improvement to voting rights
introduced by computerized voting machines, which conceal counting of
the vote.

GA: Roswell: Close vote shows need for a ballot paper trail
http://www.ajc.com/opinion/roswell-close-vote-shows-246777.html
December 18, 2009 …The problem is that whatever is contained on those plastic cards is what is recounted, whether it is accurate information reflecting the voter’s choices — or not. But apparently recount is the wrong term to use with respect to these cards, as they can only be “recanvassed,” which means that the totals will be exactly the same as the previously unverifiable results.

IL: Use eVoter at your peril
http://blog.champaigncountyclerk.com/2009/12/21/use-evoter-at-your-peril/
Champaign County Clerk A company has begun trying to make money off of our voter registration data. When I first heard about their effort, I had concerns.
…
Unfortunately, their site only adds an unnecessary and burdensome step for Champaign County voters.

MI: Michigan Residency Requirement for Recall Petitioners Struck Down
http://www.ballot-access.org/2009/12/20/michigan-residency-requirement-for-recall-petitioners-struck-down/

MN: SOS Mark Ritchie Proposed Permanent Rules Relating to Elections
http://www.sos.state.mn.us/index.aspx?page=753
Including Amendments to Rules Governing Petitions, Absentee Ballots, Certification and Testing of Voting Systems, Recounts, Election Judge Training Program, Ballot Preparation and Redistricting, Minnesota Rules, chapters 8205, 8210, 8220, 8230, 8235, 8240, 8250 and 8255.

MT: Gazette opinion: Consolidating voting at Metra makes sense
http://billingsgazette.com/news/opinion/editorial/gazette-opinion/article_4d61f042-ed23-11de-8039-001cc4c03286.html
December 20, 2009 …Many people had misgivings about consolidating 28 polling places into one. Critics predicted long lines and chaos. They were wrong.

NC: State orders new election in Fair Bluff mayor’s race *
http://www.fayobserver.com/Articles/2009/12/18/961620
Mayor Spruell R. Britt lost the election by just two votes – 191 to 189 – to challenger Chris Scott. Testimony and affidavits presented to the county board showed that five people voted who later acknowledged that they did not live within the town limits.

PA: PA: Pennsylvania Court Ruling Banfield Order 121509
http://voteraction.org/files/Banfield%20Order%20121509.pdf
Protective order for ES&S and Sequoia – denied. Petitioners (Banfield and clients) have 20 days to arrive at a mutually satisfactory protective order.
background.
PENNSYLVANIA STATE SUPREME COURT ALLOWS VOTING RIGHTS CASE TO PROCEED
http://www.voteraction.org/node/776
Dec 18 2008 State’s Highest Court Denies Pennsylvania Secretary of State Permission to Appeal Lower Court Ruling in Voters’ Favor Case Challenging the Use of Electronic Voting Machines Now Moves Toward Trial

WI: Clerks critical of Wisconsin’s early voting law
http://www.fox21online.com/news/clerks-critical-wisconsins-early-voting-law

Verified Voting Blog: Candice Hoke Comments to the FCC on Internet Voting

In her response to an FCC’s question about what can we learn from pilot projects that have tested online voting, Verified Voting Foundation Board of Advisors member Candice Hoke observed that none of the domestic internet voting pilot projects have been properly structured to test for and approximate the risks that would be posed to domestic US elections. Specifically, she noted that these pilots are especially remiss in conceptualizing the risks for elections to Federal and Statewide office, where the fiscal control over billions of dollars is concerned, and the direction of military powers and foreign policy/aid.

Hoke continued: "The Internet voting pilot programs were structured by for-profit vendors, who also reported on their “success” without any independent evaluation and transparency on some critical dimensions. In Hawai’i, the project did report a dramatic drop in the reported rate of voter participation. The pilot, however, did not include any structures by which an assessment could be conducted of whether technical attacks had occurred to intercept, modify or otherwise block voted ballots from reaching the election processing location. Nor did it offer any auditing assessments that the ballots as tabulated matched the ballots as cast by voters. Thus, no conclusions can be drawn about the pilot’s success, and it bears little relation to a Federal or Statewide election context.