Tuesday, August 26, 2008


Injunction against Office of Elections fails

by Larry Geller

Oh, well. It was a very good try. Perhaps a different judge would have ruled differently.

Update: Foolish me. I was going by the Maui News story. The suit hasn’t failed, according to an email from attorney Lance Collins. Just the motion for preliminary injunction. The judge wants to have a full trial and a full record.

The Maui News reports today (snippet):

Judge denies renewed request to ban electronic voting machines

A judge Monday denied a renewed request by five Maui residents who had sought a preliminary injunction to prevent electronic voting machines from being used in state elections.

While commending the residents for their "active participation in government," 2nd Circuit Judge Joseph Cardoza said, "The damage to the fast-approaching elections would be considerable if this court were to issue preliminary injunctive relief."

So instead of damaging the elections by preventing the machines from being used, now the risk is that the machines will be allowed to damage the elections all by themselves.

Without knowing where the machines might be emailing their vote tallies, and as long as the software is secret and proprietary, there’s no way that a person who uses the machines can be sure that their vote will count, or won’t be “flipped” in favor of the other candidate.


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