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10.23 Dear Donald Trump: I'm an OB-GYN. There are no 9-month abortions.

10.23 China’s Wind Co. Profits, share price soar by 60%: 2 Turbines an Hour being Installed

10.23 The world’s first tidal energy farm could power 175,000 homes [similar project is underway in the Bay of Fundy]

10.22 Law to cut sex-selective abortions in Armenia 'putting lives at risk'

10.22 US energy shakeup continues as solar capacity set to triple

10.22 A three-bed house with £500 energy bills? How you too can slash your costs

10.22 Highlighting Damage of Lack of Clinic Funding, CDC Says STDs at All-Time High

10.22 Three Massive Mergers—Millions for One Bank and a Disaster for Food, Water, and Climate

10.21 Hillary Clinton vs Donald Trump on science, energy, and the climate

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10.21 Bottled Water or Tap: How Much Does Your Choice Matter?

10.21 We are approaching the Trumpocene, a new epoch where climate change is just a big scary conspiracy

10.21 Global warming continues; 2016 will be the hottest year ever recorded

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10.23 How media outlets from around the world are reacting to the presidential campaign

10.22 Documentary film-makers face decades in prison for taping oil pipeline protests

10.21 Naomi Klein and Glenn Greenwald Tackle Ethics of WikiLeaks' Podesta Emails [32:21 audio clip]

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10.21 Foreign journalists on 2016: ‘Is this the demise of objective American journalism?’

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10.23 AIR TRUMP: A SHORT PLAY [parody]


10.22 The Huge Corporate Tax Cut Hillary Clinton Doesn’t Talk About [is double-taxation on foreign income normal or out of step?]

10.22 Bernie Looks Ahead

10.21 Will 2016 Mark the Return of the Blue Dog Democrat? [Dems willing to do anything but look left for support]

10.20 Seven races that could flip the Senate: Trump’s impending defeat may lead to a down-ballot massacre

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10.22 We Never Voted for Corporate Rule

10.21 Capitalism Is Doomed — Without Alternatives, So Are We

10.20 Here’s the Trade Policy That Progressives Should Get Behind

10.19 Prop. 51 Versus a State-Owned Bank: How California Can Save $10 Billion on a $9 Billion Loan


10.23 America, land of opportunity? Not for young people, study says

10.20 Elon Musk says fully self-driving Tesla cars already being built

10.19 Everything You Need to Know About the Momentous Habitat III

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  Voting Systems Lawsuit Reaches U.S. Supreme Court


Voting Systems Lawsuit Reaches U.S. Supreme Court

SOURCE: Lynn Landes of
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.


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