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BBV: The Recall is clearly not legal

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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-06-03 06:54 PM
Original message
BBV: The Recall is clearly not legal
Edited on Mon Oct-06-03 07:02 PM by shance
Here are some excerpts from Lynn Landes article from her website, ecotalk.org that explain WHY electronic voting is illegal and therefore invalidates the current California recall.

Landes states:

<< Some people think that voting machines can be made 'secure' by incorporating technical safeguards and standards, but that misses the point in LAW. Once the machine is in the polling booth critical parts of the voting process become unobservable and, therefore, violate Articles I & 2 of the Constitution and the Voting Rights Act. >>

(snip)

<< In Bush v. Gore the Supreme Court said, "A legal vote is one in which there is a 'clear indication of the intent of the voter.'" >>

Voting machines reflect the action of the machine first and the intent of the voter ...maybe. When machines are in the voting booth three violations of federal law take place:

inability to observe if voting machines properly register votes

inability to observe if voting machines properly count votes

inability to enforce the Voting Rights Act, because of the inability to observe if voting machines are properly registering or counting votes

Enforcement of the Voting Rights requires that Federal Observers observe whether votes are being "properly tabulated."

Civil Rights statutes state, "Observers are authorized to watch all polling place activities, including assistance to voters and the counting of ballots." However, voting machines constitute a concealed tabulation of the vote which cannot be observed by Federal Examiners, making the examiner's role in that regard moot and the federal Voting Rights Act unenforceable.

Nelldean Monroe, Voting Rights Program Administrator for the U.S. Office of Personnel Management admitted to this reporter in November of 2002 that there is no training and no opportunity for Federal Observers to observe the accuracy of voting machines. >>


From what I am reading this recall should not be considered it a legitimate election, because it simply is NOT. If electronic voting can be manipulated then the polling data is irrelevant. For that matter WHOEVER wins, its still irrelevant.

If BASIC voting requirements have not been satisfied according to the Voting Rights Act and Articles I and II of the Constitution, being that the equipment is open to manipulation and ultimately fraud, and therefore the ballots (not to mention the election) is tainted, damaged goods, so to speak.
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shirlden Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-06-03 07:01 PM
Response to Original message
1. Interesting
But we need to have a court challenge to establish this. I have a feeling that there will be some right after Oct 7th.

:kick:
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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-06-03 09:52 PM
Response to Reply #1
3. I think what surprises me was how obvious it is that
first off, we will essentially never really know the honest outcome from this election (unless I am missing something). There is no way to track the results.

It is more than apparent that this whole procedure is not valid, because the machines are vulnerable to hacking. Needless to say this is an important election essentially screaming for some illegal tampering.

If there is no way to track potential fraud, that or it is very difficult, and it violates both the Constitution and the Bill of Rights, HOW IS THIS A LEGITIMATE ELECTION?
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gristy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-06-03 07:03 PM
Response to Original message
2. I was reading that today.
I'm pretty sure these concerns don't make a hill 'o beans difference until and unless a suit is filed and a court makes a ruling. But the VRA may provide a very good basis for such a lawsuit. Landes is trying to get a lawyer to represent her, but may pursue it without one. Another angel of democracy. :loveya:
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TXDemocrat2004 Donating Member (9 posts) Send PM | Profile | Ignore Mon Oct-06-03 09:57 PM
Response to Original message
4. Fuck elections
The people want a Democrat in office PERIOD.
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