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Court refuses to lift California e-voting restrictions







Court refuses to lift California
e-voting restrictions

Court refuses to lift California
e-voting restrictions
07/07/2004 04:03 PM

Call for paper audit trails for e-ballot systems gets vote of confidence from a federal judge.




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Court refuses to lift California e-voting restrictions

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  • Mercury News: State curbs use of e-vote. California Secretary of State Kevin Shelley on Friday banned the use of touch-screen voting machines in the November election unless they meet stringent security measures. He barred outright the use of a new Diebold electronic voting system in Kern, San Diego, San Joaquin and Solano counties. Ten other counties -- including Santa Clara and Alameda -- will only be permitted to use touch-screen voting if they provide a paper receipt for digital ballots cast or meet 23 security conditions, including disconnecting the machines from phone lines and the Internet.
  • This is amazingly good news, and shows that Shelley has been, in effect, radicalized by the outrageous behavior of the voting-machine industry. The companies selling their balloting snake oil went too far, and now they're going to have to do the right thing. Most notably in Shelley's announcement yesterday, he said he'd referred the case of the notorious Diebold Election Systems to the attorney general for possible criminal, not just civil, prosecution. The record is already clear that Diebold has -- at absolute best -- been irresponsible and has dissembled about what it's been doing in California (and who knows how many other states). Had Diebold not been so over the top, Shelley might have allowed the 2004 election to proceed as planned even in counties using non-Diebold machines. The requirement for a voter-verifiable paper trail had not been scheduled to take effect for two more years. Now, faced with an industry that insists on pretending all is well when all is blatantly not well, he's doing the right thing early. The paper trail will now have to work this year, or the machines won't be allowed. Predictably, local voting officials -- the same people who've been so negligent in adopting an unproven, maybe dangerous technology -- are screaming about the unfairness of it all. They're partly responsible for this fiasco. They should stop complaining and get to work. We're only talking about the core of our republic here.


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    SAN FRANCISCO - The California Supreme Court on Thursday voided the nearly 4,000 same-sex marriages sanctioned in San Francisco this year and ruled unanimously that the mayor overstepped his authority by issuing licenses to gay and lesbian couples.

    In February I remember all of the happiness when the Mayor decided to allow same sex marriages in San Francisco. I had friends who were married that day and even saw the line of happy couples lined up at City Hall. At the time Dan Gillmor voiced concern that Mayor Newsom had overstepped his the bounds of his executive power when he declared a state law prohibiting same sex marriages unconstitutional. Larry Lessig chimed in and wrote that at times the executive must push those bounds if they believe something to be genuinely unconstitutional. The last paragraph in Lessig's post has an important caveat.
    One critical caveat: The rule of law requires some coordination. So if a court decides that a law is constitutional, while an executive has the right to disagree, and even push to have the decision changed, it is important that the executive follow the law at least with respect to that case.
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