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TAKE TEXAS BACK!
A bunch of thieves, thugs, and nutcases took over Texas. Then they used it as a stepping stone to Washington, DC.

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News in Texas

BREAKING: TDP Files E-Voting Lawsuit

by: annatopia

Tue Feb 13, 2007 at 14:19:43 PM CST


We hinted about this during our SDEC coverage, and now it's come to fruition.  The TDP has taken legal action against the Texas SoS over electronic voting.  The entire press release is beneath the fold.
annatopia :: BREAKING: TDP Files E-Voting Lawsuit
TDP FILES LAWSUIT TO ENSURE BALLOT INTEGRITY
eSlate Machines Disenfranchising Some Texas Voters

(Austin, TX)-Today, the Texas Democratic Party filed a lawsuit in United States District Court challenging Secretary of State Roger Williams' failure to require electronic voting machines properly record and tabulate votes, particularly straight-ticket votes. According to Texas law, every county must count votes the same way, but voters who reside in counties that employ eSlate electronic voting machines have their votes recorded differently than voters who reside in counties employing other voting systems.

"With this lawsuit, the Texas Democratic Party is taking steps to safeguard the accuracy and security of each voter's ballot and ensure Texas voters have confidence in our election system," said Texas Democratic Party Chair Boyd Richie.  "Protecting the integrity of the electoral process is not a partisan issue.  Every voter deserves to cast their ballot with full faith their voice will be heard, regardless of political affiliation."

On the eSlate machines, when a voter chooses a straight-ticket vote and then continues to select candidates of the same political party to "emphasize" their vote, the machine actually records no vote.  This is inconsistent with the tabulation of absentee paper ballots, as well as electronic voting machines used in other counties across the state.  The irregularities relating to the eSlate voting system have affected the outcome at least one race, located in Madison County.  However, there are 101 other Texas counties that employed these erroneous machines in the 2006 election.

Additionally, the Secretary of State's office is required to test all voting machines used in Texas elections and knew of the irregularities related to the eSlate machines, which are manufactured by Hart InterCivic.  Yet Secretary Williams allowed the machines to be used anyway.

"As the State's Chief Election Officer, Roger Williams is responsible for upholding the integrity of our electoral process.  However, by certifying voting systems that actually ignore voter's choices, the Secretary of State has failed to perform the most basic function of his office--ensuring the fairness and accuracy of our elections," said Richie.  "I call on Secretary Williams to restore the rights of Texas voters by reprogramming the eSlate machines to accurately record voters' choices or discontinuing their use altogether."

As a one of the two major political parties in the state and an entity responsible for administration of primary elections, the Texas Democratic Party is seeking a temporary restraining order prohibiting the Secretary of State from certifying or permitting the use of eSlate voting machines without first requiring the system to be reprogrammed in a manner that is consistent with law and other voting systems in use throughout the state. If the system cannot be reprogrammed properly, the TDP is also requesting an order to prohibit the use of eSlate machines in any future election. 

Note from Anna:  Here is a list of the counties affected:
Aransas  Dickens  Jim Hogg  Rains
Archer  Duval  Jim Wells  Randall
Atascosa  Eastland  Kaufman  Reagan
Bandera  Ector  Kenedy  Red River
Bee  Erath  Kerr  Refugio
Brazoria  Falls  Kimble  Roberts
Brazos  Fannin  La Salle  Runnels
Brooks  Floyd  Lampasas  San Patricio
Burleson  Foard  Liberty  Shackelford
Burnet  Fort Bend  Lipscomb  Sterling
Callahan  Gaines  Llano  Tarrant
Cass  Galveston  Lubbock  Taylor
Castro  Gray  Madison  Throckmorton
Cherokee  Gregg  Marion  Tom Green
Coke  Grimes  Martin  Travis
Coleman  Hale  McCulloch  Upshur
Comanche  Hardin  McLennan  Uvalde
Concho  Harris  Medina  Waller
Coryell  Harrison  Menard  Wheeler
Crosby  Hays  Milam  Wilbarger
Culberson  Henderson  Mills  Willacy
Dawson  Hopkins  Montgomery  Wise
Deaf Smith  Hudspeth  Motley  Young
Delta  Hunt  Nacogdoches  Zapata
Denton  Irion  Nueces 
DeWitt  Jack  Parker

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Excellent news. (4.00 / 6)
The integrity of our votes should  be a charge embraced across all party lines.

TDP should definitely lead the way, but I hope that our Republican, Libertarian, and Green Party friends will join in the cause.

Time for responsive and responsible government.

Before you win, you have to fight. Come fight along with us at TexasKaos.


cheers! (4.00 / 4)
THANK YOU TDP!  this is an action i can definitely get behind.

Fudd's First Law of Opposition: Push something hard enough and it will fall over.
-8.25, -5.95


We may not always agree with TDP (4.00 / 3)
But this is one issue we can  definitely use to build some unity.

Wholeheartedly support this lawsuit (4.00 / 6)
Too bad that Williams can't be impeached and removed from office for dereliction of duty.

Hart isn't the only vendor of course with problems.  The Diebold machine problems are well known too.  As far as we know the SOS does nothing to decertify unsafe equipment. The only decertification of equipment has been for the one company that went out of business. One of their own examiners, James Sneeringer reviewed the Hart system and pointed out in his review that the Hart software prior to system 6.0 is vulnerable to attack using the ResetPVS which can clear all votes.  He recommended decertify all of those machines using that version of software.  To our knowledge the SOS has never taken any action to decertify those machines.


"It's not a bug, it's a feature" (4.00 / 5)
Hart representatives have claimed that emphasis voting is not a programming error but a standard function of e-Slates. That explanation still puts their machines in violation of Texas election law, which states that votes must be tabulated and recorded "uniformly" throughout the Great State.

Hart, though, is not named as a defendant in the litigation; Secretary Williams, as supervisor of elections, must certify the voting mechanisms in Texas. All of them, whether paper ballot or DRE. Thus the heart of the matter, and the basis for the voter disenfranchisement complaint.

There's going to be a lot more to this story in the weeks ahead.

"The Bushite arctic freeze is thawing nationally but in Texas we're still iced in. Fight 'em on the ice." -- DVO


The Secretary of State is a disgrace (4.00 / 6)
Dispite complaints about the TDP on the and other blogs, they did exactly what they were supposed to do on this. We all owe them a big thanks.

BTW, I may owe an apology to all the Texas Democratic candidates. I thought I voted for them, but now I'm not so sure.


I'm with you (4.00 / 4)
I know I started to vote straight party ticket, then changed my mind so I could vote for the Libs.
Now I can't remember if I went back and erased my straight ticket vote before I voted or not.
I do know that I ended up just going ahead and voting every race, so there is a good chance I ONLY voted for Libs, if I'm understanding the problem correctly.

I worked that election and I didn't even know about this "glitch", so I know poll workers were not properly trained in administering.


[ Parent ]
nobody told me about that either (4.00 / 2)
and i've been a judge for almost two years.

strange indeed.

and lubbock dem (upthread), we are well aware that they did the right thing here.  it took a long time to get the PTB at TDP to assume the right position on this issue, but the bottom line is they DID, and we are very grateful.  =)

Fudd's First Law of Opposition: Push something hard enough and it will fall over.
-8.25, -5.95


[ Parent ]
Some more interesting info (4.00 / 3)
First is the petition for those of you who like your legalese in the raw, here's the filing in pdf format

Then I heard about the Hart Intercivic CEO resigning recently and now I think the timing makes me wonder if he sold his stock too?  I'm not sure this company is even public. I actually think they may be privately held.  Does anyone know?

Hart InterCivic CEO to resign
Hart InterCivic's long-time president and CEO, Britt Kauffman, says he will resign at the end of March.


Privately owned but (4.00 / 1)
their list of "principal investors" includes Stratford Capital Partners, which is part of the Tom Hicks empire. 

You know who Tom Hicks is, right?

Hart's most politically charged investor is an arm of Hicks, Muse, Tate & Furst, which was founded and is chaired by Tom Hicks. Hicks bought the Texas Rangers in 1999, making George W. Bush a millionaire 15 times over. Tom Hicks and his investment company are invested in Hart Intercivic through Stratford Capital. They are also heavily invested in Clear Channel Communications, the controversial radio-raider that muscled a thousand U.S. radio outlets into a more conservative message.


"The Bushite arctic freeze is thawing nationally but in Texas we're still iced in. Fight 'em on the ice." -- DVO

[ Parent ]
Good Step, hopefully among more to meet the standard of the Texas Constitution (4.00 / 2)
Every journey starts with a step.

It would be absolutely great if we can follow the road back all the way up to the Texas Constitution's requirement for numbered ballots in an observably honest election. To be observably honest you have to see what is going on which means hand count numbered paper ballots.

Hopefully, all your good efforts don't ratify a non-evidentiary voting system that is impossible to ever check which is the problematic point of them to begin with.


[ Parent ]
Good Step, hopefully among more to meet the standard of the Texas Constitution (0.00 / 0)
Every journey starts with a step.

It would be absolutely great if we can follow the road back all the way up to the Texas Constitution's requirement for numbered ballots in an observably honest election. To be observably honest you have to see what is going on which means hand count numbered paper ballots.

Hopefully, all your good efforts don't ratify a non-evidentiary voting system that is impossible to ever check which is the problematic point of them to begin with.


[ Parent ]
Tom "the prick" Hicks (0.00 / 0)
Oh yeah, I know about him.

[ Parent ]
So impressed with the TDP... (4.00 / 2)
that i became a Sustaining Member online today. Way to go TEXAS DEMOCRATS!
http://www.txdemocra...

Good idea. (4.00 / 1)
I should put my money where my mouth is and renew my sustaining membership with TDP.

[ Parent ]
yea (0.00 / 0)
i think that in support of this move, i may go ahead and mail back the sustaining membership form i got in the mail yesterday.

Fudd's First Law of Opposition: Push something hard enough and it will fall over.
-8.25, -5.95


[ Parent ]
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