Newspaper logo  
 
 
Local Gov’t Stories, Events

Ref. : Civic Events

Ref. : Arts & Education Events

Ref. : Public Service Notices

Travel
Books, Films, Arts & Education
Letters

Ref. : Letters to the editor

Health Care & Environment

07.27 Worse Than Keystone XL? TransCanada's Terrifying "Plan B" [map]

07.26 EPA ruling on aircraft emissions paves way for new regulations

07.26 How climate change is rapidly taking the planet apart [that "conservative" politicians blithely ignore this crisis is criminal and immoral]

07.26 The green deal is dead: time to revive the great British energy refurb

07.26 China's coal peak hailed as turning point in climate change battle

07.25 The global community is failing to address mental health

07.25 Burning coal for gas in UK seabeds would flame pollution, says report [insane]

07.25 Solar subsidy cuts lead to loss of 12,000 jobs [insane]

07.25 ‘World can’t afford to silence us’: black church leaders address climate change

07.25 'The best solution? Move the Mauritanian capital': water on the rise in Nouakchott

07.25 Pills laced with deadly opioid infiltrating drug market, DEA says

07.25 BLUER SKIES AHEAD FOR OHIO: FIRSTENERGY ANNOUNCES LANDMARK COAL RETIREMENTS [Coal-fired electricity plants decline 45% in 6 years!]

News Media Matters

Daily: FAIR Blog
The Daily Howler

US Politics, Policy & 'Culture'

07.27 She's With Them–But We've Got Us: A Movement Bigger Than Sanders

07.27 'It's a matter of survival': the black Americans fighting for gun rights

07.26 This Sanders Delegate Unleashing on Hillary Clinton Is Going Absolutely Viral [2:08 video]

07.26 Meet the Latina Bicycle Brigade Fighting Against Gender-Based Violence

07.26 The Unseen Philadelphia

07.26 A Party at War With Itself

07.26 Hillary-Kaine: Back to the Center [Must Read: the bad Hillary is irrepressible and will help Trump enormously, because he's not her]

07.25 Mission Accomplished at DNC, Clinton Hires Wasserman Schultz for Top Post [Hillary rewards cheating...]

07.25 Debbie Wasserman Schultz to resign as DNC chair as email scandal rocks Democrats

Justice Matters

07.24 $1 billion alleged Medicare fraud, money laundering scheme leads to Florida arrests [more investigative staff—not staff cuts—could be vastly profitable!]

High Crimes?
Economics, Crony Capitalism

07.26 Japan’s “Helicopter Money” Play: Road to Hyperinflation or Cure for Debt Deflation?

07.24 Trump’s tax plan would do little for the average American but a lot for the 1%

07.21 FBI arrests senior HSBC banker accused of rigging multibillion-dollar deal

International

07.27 Welcome to the new age of uncertainty

07.27 Japan to unveil huge $266bn economic stimulus, say reports

07.27 MPs predict surge in immigration amid Brexit uncertainty

07.27 Catalonia tells Spain it will push for secession with or without assent

07.26 Apocalypse Now: A Year of Crises, Shocks and Fears of Terror

07.25 Five clinics in northern Syria hit by regime air raids, say activists

07.25 In Hacking, Russia Accused of Playing in U.S. Politics

07.24 America Keeps Lethal Nukes All Over Europe for No Good Reason

07.24 At Least 80 Dead in Kabul After Massive Attack on Peaceful March

We are a non-profit Internet-only newspaper publication founded in 1973. Your donation is essential to our survival.

You can also mail a check to:
Baltimore News Network, Inc.
P.O. Box 42581
Baltimore, MD 21284-2581
Google
This site Web
  Voting Systems Lawsuit Reaches U.S. Supreme Court

NATIONAL NEWS:

Voting Systems Lawsuit Reaches U.S. Supreme Court

SOURCE: Lynn Landes of ecotalk.org
It's clear to me that without direct access to a physical ballot and meaningful transparency in the [voting] process, our elections have no integrity whatsoever," says plaintiff Lynn Landis.
A little-noticed voting rights lawsuit has made its way to the U.S. Supreme Court (Docket No. 05-930). It constitutes the first legal challenge to the widespread use of nontransparent voting systems. Specifically, the lawsuit challenges the use of voting machines and absentee voting in elections for public office.

The lawsuit was originally filed by freelance journalist Lynn Landes in July of 2004 in Philadelphia federal court (U.S. District Court for the Eastern District of Pennsylvania). The Third Circuit Court of Appeals ruled against Landes on November 2, 2005.

In her lawsuit Landes claims that, as a voter and a journalist, she has the right to direct access to a physical ballot and to observe the voting process unimpeded. Voting by machine or absentee, Landes claims, introduces obstacles and concealment to a process that must be accessible and transparent in a meaningful and effective manner.

Landes is representing herself in this action.

"I tried to get civil rights organizations interested in this case, but had no luck," said Landes in a prepared statement to the press. "Their disregard for this issue is incredible. It's clear to me that without direct access to a physical ballot and meaningful transparency in the process, our elections have no integrity whatsoever."

The defendants in the Landes lawsuit are Margaret Tartaglione, Chair of the City Commissioners of Philadelphia; Pedro A. Cortes, Secretary of the Commonwealth of Pennsylvania; and Alberto Gonzales, Attorney General of the United States.

Attorneys for the defendants have successfully fought Landes, claiming that she did not prove an injury and therefore does not have standing. Landes counters that she has the right to challenge the constitutionality of acts of the legislative branch under federal statute and case law, most significantly under Marbury v. Madison, 5 U.S. 137 (1803).

It was only after the Civil War, as the elective franchise expanded to minorities and women, that three changes to state and federal election laws were adopted that eventually made the voting process a private and nontransparent enterprise.

Prior to the Civil War, voting was a public and transparent process. It was only after the war, as the elective franchise expanded to minorities and women, three changes to state and federal election laws were adopted that eventually made the voting process a private and nontransparent enterprise: absentee voting was allowed (1870's), the Australian secret ballot method was adopted (1880's), and voting machines were permitted by Congress (1899).

Today, 94.6% of all votes are processed by machines and approximately 30% of all voting is conducted early or by absentee.

The defendants' response is due at the Supreme Court no later than February 24, 2006.


The Landes lawsuit can be found here. (If a password is required to see the document, type in anything and you should get in anyway.)

The case docket no. can be viewed here.



Copyright © 2006 The Baltimore Chronicle. All rights reserved.

Republication or redistribution of Baltimore Chronicle content is expressly prohibited without their prior written consent.

This story was published on February 6, 2006.

 

Public Service Ads: