Thursday, August 28, 2008


Maui voting machine lawsuit continues onward

Instead of interpreting what is happening with this lawsuit, let me just pass on an email from lead plaintiff and election observer Bob Babson. Since he broadcast the email to many interested people, I think it’s ok to reproduce it here:

Aloha Friends, Supporters and Voters,

Our lawsuit for integrity in Hawai'i elections continues. Judge Cardoza denied our motion for preliminary injunction because he believed the harm to intervening in the current election outweighed the possibility of election fraud -- since "legally" election fraud can be challenged after an election. However, the issue of the overall illegality of the voting system has yet to be determined by the court. We are optimistic that we will prevail and thereby improve election integrity here in Hawaii.  

The case is very simple.  There is a law here in Hawaii called the Hawaii Administrative Procedures Act (HAPA) (aka Chapter 91, HRS) which requires all state agencies to promulgate "administrative rules" for their agency whenever the public is affected by actions their agency takes. Public hearings are required, the Attorney General must then approve the rules from a legal standpoint and then the Governor must sign the rules to make them law.  

The Office of Elections has taken numerous actions that affect the public without promulgating administrative rules including transmitting votes from Maui to the state count center in Honolulu over telephone and internet connections and the use of electronic voting machines in general.  We are simply asking the judge to order the Office of Elections to comply with the law by legally promulgating the necessary rules. 

Our attorney, Lance Collins, has agreed to do this case pro bono.  However, we, the plaintiffs, have agreed to pay the "court costs" and other fees.  If you would like to help, please send a small donation to Lance Collins, Esq., 2070 W. Vineyard Street, Wailuku, HI 96793 and write "election lawsuit" on the memo line.  We would be most appreciative. 

Bob Babson



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