Voters File For Injunction To Prevent State Of Texas From Using Unreliable Electronic Voting
By Texas Civil Rights Project
June 17, 2006
Voters, civil rights groups and a statewide candidate filed a petition Wednesday to prevent the State of Texas from using unreliable electronic voting machines in the November elections.
Travis County voter Sonia Santana, the NAACP of Austin, its president, Nelson Linder, also a Travis County voter, and David Van Os, a candidate for attorney general, filed a petition asking the court to enjoin the county from using voting machines that do not produce a paper ballot. The Texas Civil Rights Project represents the plaintiffs.
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Hart InterCivic eSlates, used in Travis County and a number of counties around Texas, have no such feature. Once the voter casts the ballot, he or she has no idea what the machine actually recorded and there is no record available in the likely case of a dispute.
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The petition charges that the use of these machines is a violation of three of the plaintiffs' rights guaranteed under the Texas Constitution and the Texas Election Code:
The right to a secure election, since the machines are all-too-often open to failure, mistake, tampering and fraud.
The right to a recount, since there is no way for voters to verify whether the votes were properly recorded, stored, tabulated or printed.
The right to equal protection under the law, since Travis County voters are forced to use a voting system that is less reliable than systems available to other Texas voters.
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