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08.15 RIDE FOR THE OVERRIDE

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09.28 Life is richer when we talk to strangers

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09.28 Earth 'Locked Into' Hitting Temperatures Not Seen in 2 Million Years: Study

09.28 South Australia storms: entire state left without power after wild weather – live

09.28 New York City accelerates emissions efforts in face of daunting sea level rise

09.28 Lots to lose: how cities around the world are eliminating car parks

09.28 No fracking, drilling or digging: it’s the only way to save life on Earth

09.28 Greenland's receding icecap to expose top-secret US nuclear project

09.27 Germany Has the World's First Hydrogen-Powered Passenger Train [could aviation use hydrogen too?]

09.27 China tops WHO list for deadly outdoor air pollution

09.27 Can the aviation industry finally clean up its emissions?

09.27 US emissions set to miss 2025 target in Paris climate change deal, research finds

09.26 Africa's portable solar revolution is thwarting thieves

09.26 Time for Congress to Stop Hollering at CEOs and Take Action [The U.S. is the only 'advanced country' without healthcare price controls]

09.26 The Impact of Minimum Wage Changes on Infant Health

09.26 New Record Low Solar Price in Abu Dhabi – Costs Plunging Faster Than Expected [maybe Middle East wars will stop now]

09.25 Want to Slow Climate Change? Stop Having Babies

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09.28 Lester Holt Asks Zero Questions About Poverty, Abortion, Climate Change

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US Politics, Policy & 'Culture'

09.27 The Trump Files: Donald's Creepy Poolside Parties in Florida [bunga bunga' parties like Berlusconi]

09.27 This week: Shutdown deadline looms over Congress

09.27 Murders up 10.8% in biggest percentage increase since 1971, FBI data shows

09.27 Clinton stays calm while Trump loses cool during first presidential debate [videos]

09.26 The Lying Game

09.26 Why Donald Trump Should Not Be President

09.26 The government wants more offshore fish farms, but no one is biting

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09.28 Wells Fargo executives forfeit millions, CEO to forgo salary amid investigation

High Crimes?

09.28 Amnesty calls off launch of Thai torture report after police warning [something sick is brewing here]

09.26 African elephant numbers plummet during 'worst decline in 25 years’

09.26 Russia accused of war crimes in Syria at UN security council session [videos]

Economics, Crony Capitalism

09.23 Wells Fargo's toxic culture reveals big banks' eight deadly sins

International

09.28 Killing People, Breaking Things, and America's Winless Wars [war profiteers rake in huge profits, but countries never “win” wars]

09.28 Syrian troops launch ground offensive against Aleppo rebels [video of devastation; will there be profit from fossil fuel we cannot use?]

09.27 Saudi Arabia cuts ministers' pay by 20%

09.27 Thousands of Saudis sign petition to end male guardianship of women

09.25 Syria conflict: UN chief 'appalled' by Aleppo escalation

09.25 The Natural Gas War Burning Under Syria

09.25 Panic sweeps Calais camp as refugees await the bulldozers [an “empathy wall” blocks acceptance of children]

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  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.

 

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