Setback In Fla. Democrat's Election Fight

Court Rules Against Christine Jennings' Call For New Vote, Appeal Coming

(CBS)  This story is by CBS News producer Phil Hirschkorn

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A Florida Democrat plans to appeal a court ruling stifling her hopes for a new election in the nation's only unresolved congressional race, while Democrats in charge of the next Congress vow to examine the race and could possibly order a revote if the courts don't.

Christine Jennings contends faulty electronic voting machines like the ones used by 40-percent of American voters cost her the seat representing south Florida in the House of Representatives. But she lost a key court ruling on Friday, when a state judge denied experts tapped by her campaign access to the machines.

Florida has certified Republican Vern Buchanan as the winner over Jennings by 369 votes out of 238,000 counted and recounted in the state's 13th congressional district, which encompasses five counties south of Tampa.

State Judge William Gary rejected motions by Jennings and groups representing voters to probe the ES&S touch screen machines and their software used in the most populous county, Sarasota, where if results are to be believed, one in every seven voters chose to skip the race.

"Plaintiffs have presented no evidence to demonstrate," Judge Gary wrote in his order, "the results not valid."

Jennings argues proof of machine malfunction lies in the 18,000 electronic ballots, or 15-percent of those recorded by machines on Nov. 7 and in two weeks of early voting, showing no preference in the House race. By comparison, only two-and-half-percent of Sarasota voters using paper absentee ballots skipped the House race. In two other counties using the same ES&S machines, fewer than five-percent recorded no House vote.

"The testimony of plaintiffs' experts was nothing more than conjecture and not supported by credible evidence," Judge Gary said, after holding two days of hearings in Tallahassee. Gary sided with ES&S, who argued its software, or source code, was a trade secret.

"It's shocking that there is more concern for protecting a company's profits rather than protecting our right to vote," Jennings said in a written statement following the ruling. "The secrecy and question marks surrounding electronic voting is creating a real crisis in confidence among America's voters, and the only way to resolve this is by conducting a thorough review by outside experts."

Meanwhile in Washington, Rep. Rush Holt (D-N.J.) announced that on Jan. 4, the first day of the new Congress, he will call for an "inquiry," a symbolic act putting the House on record recognizing the challenge to Buchanan's election. Jennings has filed a notice of contest with the House Administration Committee, which will begin its own independent investigation, backed by subpoena power, next week.

"The evidence will show the certification did not reflect the will of the voters and a revote is necessary," Holt told reporters. "No one in a seat like this should get too comfortable."

Holt said if Buchanan is eventually removed from his seat, which the House has the power to do and has done at least three times in the past 70 years, that would be "based on the evidence, not on a partisan power play."

Holt plans to reintroduce legislation mandating electronic voting machines to generate a voter verifiable paper trail as backup. Florida is one of 15 states using machines that don't. A majority of the last Congress co-sponsored his bill, but it never came to the floor.

"In too many elections, federal and local in recent years, there have been results that can't be believed and can't be confirmed," Holt said.

The House investigation and court appeals over Florida's race could drag on for months.

"I know that I won, and I know that a re-vote is very, very important, so that every person can have their vote count," Jennings told CBS News. Since she won 53-percent of the Sarasota vote, if a normal percentage of ballots had no preference for the House race – say 3,000 instead of 18,000 – Jennings would have easily beaten Buchanan.

"I do see us as the test case for the United States," Jennings continued. "This one is so in-your-face, that no one can deny that there's a problem."

Only 1,800 Sarasota voters skipped the governor's race, the first listed on the electronic ballot, and only 1,600 skipped the senate race, which immediately followed the House race.

Jennings said, "I will fight as long as I need to, until we have an answer as to what happened to our votes."

Kendall Coffey, Jennings's attorney, who represented Al Gore in the disputed 2000 presidential election, told CBS News, "As a Floridian, it's very frustrating. Instead of 'never again,' it's 'here we go again,'"

Coffey derided the state's "rubber stamp recount" as a re-tally that failed to capture voter intent.

"The only debate is how much the malfunction was machine error. A 15-percent non-vote in a hotly contested congressional race basically hasn't happened before in modern times," Coffey said.

[ramos937]

Let's see...In this race, the difference is about 329 votes and there is a problem in a large voting area plus the Secretary of State is a Republican. This does not pass the smell test. If the courts will not order a "revote", the House should ASAP after it convenes. This time, it has to be carefully observed.

[randalds]

I agree ramos, this one stinks to high heaven as they used to say. The House needs to open up an investigation into election fraud in this case. the republicans have gotten away with fixing elections for too *** long.

[antoniof123]

I live in Florida and I agree we have had too many problems and this does not add up I am writing my representive and telling him it needs to be done and watched very carefully.

[bluestardad]

This election stinks.
Someone should go to Jail.

[jn122736]

The importance of every vote being counted MUST outweigh any trade secrets rights. If a company does not want their equipments software to be subjected to oversight inspection they should not sell the equipment for this purpose and states should not purchase the machines in the first place.

Law that all electronic voting have a voter verified copy to be kept by the precinct or other proper authority for possible recount purposes should indeed mandate it.

[p-syrus]

Proprietary software is a violation of public trust and wholly unjustifiable in crucial matters of public interest. It serves only to maximize the market power of manufacturers, and offers no benefit to software users.

All states should legally mandate that ANY electronic equipment used in voting use ONLY Free Source Software (see GNU.org). They have the legal power to do so and this would open to public scrutiny the vote counting process while cutting costs to local governments.

The manufacturers of voting machines will not willingly embrace Free Software unless forced to do so, but neither will they refuse and forgo the lucrative voting machine market if legally required to comply.

[kaliveotin]

If you run in Florida, you have to assume they're
going to cheat, lie, and screw you over. Republicans are the kings of dirty tricks, they have absolutely no moral compunction.

[condumism]

A Florible judge rules in favor of corruption and fraud? NO NEWS HERE!

[defirststate]

ES&S should want the accuracy of their machines' vote recording/reporting to be above question or reproach. Their proprietary software is less important than honest elections. Experts could be bound by non-disclosure agreements preventing involvement in writing voting machine software until trade secrets become irrelevant.

Six times as many Sarasota County election day voters "skipped" the one race than paper absentee voters there. Ten times as many votes in that race were skipped than in the races immediately preceeding and following it. Votes cast were likely dropped. Determining whether that was accidental or criminal requires outside examination of the machines. It's unlikely, but if the machines worked properly, the people need to know that. An ES&S statement isn't hard evidence.

The kangaroo court judge denied access to examine the machines because there was no hard evidence of a problem, but hard evidence requires examining the machines. Judge Gary may be a "Catch-22" fan, his refusing to order outside examination of the machines rises well above "the appearance of impropriety" level.

With no auditable paper trail, the machines' programming can determine the winners no matter what choices voters make.

[rincewind3-2009]

"Stop your whining! Can't we have one election where Democrats except the results. They always want to *** when they lose."
winstrv, this is not about losing. This is about a race where six times the normal percentage of people had no recorded vote for a Congressional race; something fishy is going on here. Did you notice that in the other dozen or so elections that took weeks to decide this year, most of which went to Republicans, there was no great outcry?

[nathanealy]

I've got a crazy idea. How about paper ballots? You get a paper trail, and they are easy to use! No mechanical problems, no software problems, no problems at all.

Well, there would be problems. I'm sure the people who couldn't figure out the punch card system would be baffled by a pencil and paper.

[randalds]

I've got a crazy idea. How about paper ballots? You get a paper trail, and they are easy to use! No mechanical problems, no software problems, no problems at all.

Well, there would be problems. I'm sure the people who couldn't figure out the punch card system would be baffled by a pencil and paper.

Posted by nathanealy at 02:34 AM : Dec 31, 2006


Well there you go. Suggesting an easy and sensible suggestion! How dare you think of something that makes sense?!

the common argument against paper ballots is that it takes too long to count them and that in this fast age the American people won't tolerate having to wait 2 or 3 days to find out who their next president is and MUST know 5 mins after the polls close in Maine. That's ridiculous of course since I believe people are more then willing to wait a day or so if it means making sure THEIR vote was counted!

Paper ballots now and forever!!

[randalds]

Making sure EVERY vote is counted properly is infinitely more important then making sure that most of them are counted quickly.

DEMAND PAPER BALLOTS!

[randalds]

What's amazing is that they think they can be so blatant about flat out stealing an election and think they're going to get away with it. I know republicans think that all American voters are ignorant idiots, morons and the incredibly stupid (their base) that are easily swayed by phony patriotism and threats of national security, but even for them this "election" is an insult to even their most stupid of supporters (the only ones they have left).

[sjc_1]

It is fundamental to have everyone be allowed to vote that is entitled and have those votes counted accurately, no matter what state, no matter what party.

[lieberman18]

The Democrats are starting to show their true crybabying colors. Just a day after this "cut and run" guy from California promised "integrity" and class, they're back at it.

Remember, you read it here first. Now for all the hatemongers with their spurrious "Neo-Con" comments...of course those who blast Neo-Conservatives, for the most part former Dems who saw what a coward and phoney Jimmy "I Hate Jews" Carter was are nothing more than Neo-Fascists themselves.

Ready for ya. Get a life, ok?

[condumism]

Republicons, the party of CRONYISM, INCOMPETENCE, LIARS, will soon take permanent minority status after the Democratic Congress eliminates the corrupt and corruptable paperless ballot. Besides, now that the fascist right winged Republicons are in total disgrace across America, they're nothing more than a regional party of Southern hypocrisy, floundering in hate and ignorance.

[missamerica4]

""I know republicans think that all American voters are ignorant idiots, morons and the incredibly stupid ""

In your case......it's true.

[effallah]

ANOTHER LIBEREL AOUTRAGE1111111111111111111!!!!!!!!!!!!!!!

THIS IS THE GOTBLASTEDEST DANGED THING THEY HAVE EVER KEEP ON THRYING11111111111111111111111111111111111111111111111111111111111!!!!!!!!!!!!!!!!!!!!!!!!1

THEY WANT PAPER VOTES SO THEY CAN COME TO YOUR HOUSE AND PRY GUNS OUT OF YOUR COLD DEAD HANDS1111111111111111111111111111111111111111111111111111111111111111111!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[foamyfan05]

Most states, Florida included, require that the vote count be witnessed especially during a disputed recount. This can't be done with the electronic voting. Even with the optical scanners and other older methods of computer based counting. What you see on the screen isn't necessarily an accurate picture of what is going on in the programming. The majority of people aren't computer programmers and would have no way of spotting corruption in the counting software. The use of computer counting has essentially set up computer programmers and analysts as a new class of gatekeepers for everyone elses right to vote. A small class with that much influence can more easily be bought off and become corrupt or can develop it's own agenda and it's own reasons to want to manipulate voting. I'm not saying they have but they could. The point is that unless you are a programmer and have access to the program itself, you would never know if it was counted properly. Whoever suggested the pen and paper is absolutley right. Sometimes the simplest method is the best.

[themooniac]

Why does this always happen in Florida?? The state is a national embarrassment as far as elections go...

[kstrisha]

Quote: Gary sided with ES&S, who argued its software, or source code, was a trade secret.

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Okay then, throw out all ES&S voting machines since the company won't allow the people using them (the voters) access to verify results.

Citizens who vote and pay taxes (and pay for these machines!) should be allowed to have these machines examined or they should not EVER be used again.

[jn122736]

"The only time there is an election fraud is when the Democrats come up short."

Posted by john97068 at 01:49 PM : Dec 31, 2006

Makes you wonder if ES&S and Diebold didn't under estimate the tide of angry voter turnout in Novemger doesn't it?

[melcarnahan]

They perfected election tampering techniques in Broward County elections long before 2004. Diebold Miami worked alongside Bush Backers. Bush's handling of Saddam shows that Bush will always be America's Sore Loserman.

[cmdrgmh]

There needs to be a re-vote. The percentage is too high to be accidental. Sounds like some cracked hack. Anyone with any computer skills can manipulate numbers. Since all those machines use are memory cards. Paper ballods dont lie people and people who program machines DO!

[catt42701]

Not a thing liberal about wanting a revote in Florida. As above, it was just too big of a precentage that missed the vote. There is no paper proof. There is a very narrow win by the Republican. In 2000 there was a question about the vote and recount was stopped by the Supreme Court which led to a did he really win situation. A re-vote in that county on paper would show if the GOP really won and all those people really didn't cast their vote on that race. Just proof. Why would any Republicans be afraid of that?

[catt42701]

Programmers are just like the rest of the world and it might not have been programers at the company. A loyal programmer at the local level could have done the job. Hackers abound. I believe the company should allow the check on the programming. It could say that they do not suspect it to be a glitch at their level. What they are doing is hiding the fact that the glitch could have happened at their lable. They should compair their record of the programming to what the machine actually had on it when the voting took place. I'm sure they documented their programming, if they didn't they are fools.

[condumism]

A Florible judge, loyal to corporate interests over the rule of law and order shows the world again that America is a country bought and paid for by money, and nothing more.

[kstrisha]

If every vote truly counts, then WE THE PEOPLE should not be denied access to our own votes.

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Quote: Holt plans to reintroduce legislation mandating electronic voting machines to generate a voter verifiable paper trail as backup.

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This is what needs to be done to protect the validity of any election no matter "who" wins or loses...

[randalds]

""I know republicans think that all American voters are ignorant idiots, morons and the incredibly stupid ""

In your case......it's true.



Posted by missAmerica4 at 11:20 AM : Dec 31, 2006


Real good one there. Ouch. What's next? "I know you are but what am I?" Or the ever classic "I'm rubber and you're glue?"

Growing up was never a priority for you was it?

[jw218389]

Welcome to Florida politics - we all got a dose in 2000. If developers and Big Sugar (funded by all of us taxpayers BTW) don't like you they will make sure you don't win...even if you did.

Don't forget the CEO of Diebold (maker of many of the computerized voting machines) said he would, "deliver the presidency to G.W. Bush" and he won - hmmmmm.... wonder how that happened?

These machies are as easily manipulated as the service technicians that work on them. It only takes one "improper service procedure" to throw the election to the GOP.

As long as the total amount of voters in the precint matches there is NO WAY TO AUDIT AN ELECTRONIC VOTE. Your vote counts only when "they" want it to count.

[defirststate]

It's not a liberal v conservative concern. Elections form the basis of our democratic republic, elections must be fair and accurate results reported. It's an American thing.

ES&S machines have both lost and created votes. ES&S forced Hawaii's first recount. In Dallas the ES&S system ignored 12% or 41,000 votes. In Florida, Miami-Dade lost 8.2% of votes in 31 pcnts, 103,222 or 22% votes were lost for a time.

Errors in either direction are unacceptable. Voting systems require transparency. It's an interesting aside, but brothers Bob and Todd Urosevich's companies, ES&S & Diebold record and tabulate 80% of this country's votes. Without implying any culpability, "Trust us" is just not enough. Trust but Verify. Trade secrets can't be allowed to prevent verifying election results. Accidental or otherwise, there too many ways to compromise the process. Trade secrets means secret, unverifiable vote counting.

A combination touch screen-optical scan system can be fast and provide verifiability. The touch screen prints a scanable ballot, the voter checks it and deposits it to be scanned and tabulated. It improves upon manually marked optical scan ballots by consistently marked choices, with no X's, checks nor partially filled circles. Manual recounts of random pcnts can statistically verify results, and a full manual recount can always be performed. Paper ballots' reliability and computer tabulations' speed.

[kstrisha]

Quote defirststate:

Without implying any culpability, "Trust us" is just not enough. Trust but Verify. Trade secrets can't be allowed to prevent verifying election results. Accidental or otherwise, there too many ways to compromise the process. Trade secrets means secret, unverifiable vote counting.

--------

Well said!!!

[lieberman18]

RandalDS misses sitting around the old campfire with FascistUSA singing the Horst Wessel song and toasting Schicklgruber. Apparently the election of his Democratic Toadies hasn't satisfied the little boy too much.

Tough.

The message to Pelosi and Howie Screamer was - while we're unhappy with President Bush and the Republicans we also DO NOT want you tampering with our National Security, Moddycuddlying ILLEGALS, and raising our taxes. You did that with Jimmeeee the coward and bigot, and with Slick the Pervert. You don't do it now.

Either govern with "integrity" as you promise, or you will soon be back out on your *****. As for you, Randy, and your boyfriend, the apt-named Fascist, grow up.

[ressigmann]

A revote would not do anything but give a bunch of really sore losers a chance to change how they voted. Rule of law requires proof of wrongdoing before such a revote can occur. So far the "proof" is that this statistic should not be. Even if there is some sort of problem with the program, the plaintiffs must prove that it was deliberate and only targeted at Democratic voters. An equally applied error would not be legal grounds for a revote, just as voter stupidity was not in the 2000 election. In that case first graders using the same system in a simulation voted without problem. As for every vote counting let's remember that Al Gore's lawsuit for a recount was only for 3 heavily Democratic counties, and did not want the rest of the state recounted. President Bush's counter suit was that if one county got recounted they all should be. Al Gore also tried to get military absentee ballots thrown out. I guess Democrats only want Democrat votes to count.

[grumpas]

I see you haven't wised up enough to figure things out yet lieberman18! I can't help but wonder if you pay your light bill the way you do your taxes???? Do you expect the power company not to raise rates and give you a break on your bill???? Thanks to moron's like you we have trillion dollar deficit! My grandchildren are going to be paying your friggin taxes for you cheapskate! National Security under your Republican's is a joke! We don't have any and haven't had for close to 7 years now (why do you think 9/11 happened)! They have wasted their time and our tax dollars in Iraq chasing phantom terrorist's they have created! Terrorist's don't have to hit us again, all they have to do is set back and let Georgie to do us in for them! Where Democrat's aren't perfect they sure beat the other side of the street!

[bluestardad]

Guys, lieberman18; Is a paid provocateur like bushrocks1, and Jane1234. I fell for it too sorry but if don%u2019t engage them they will change their name and go away for awhile.

[bluestardad]

Don%u2019t waste your intellect.

[lieberman18]

And you're not much of a bluestardad or a former army captain, pal. Provocateur? Great. If so, then what are you, the scion of Benedict Arnold.

Your gal pal lost, boy. Time to move on.

The bottom line is that the people of Florida can't seem to get a handle on how to vote, even if there were only one candidate to vote for it would be difficult for them

[defirststate]

Why does anyone or any group regardless of their party or philosophy ever object to the fair, honest, open and verifiable recording and tabulation of votes?

If a system can be manipulated to your advantage, it can and eventually will be manipulated to your detriment unless your little tricks come to light first (think plea bargain.)

[randalds]

Guys, lieberman18; Is a paid provocateur like bushrocks1, and Jane1234. I fell for it too sorry but if don%u2019t engage them they will change their name and go away for awhile.

Posted by bluestardad at 03:20 PM : Jan 01, 2007


I'm beginning to believe that missamerica4 is the same.