Democrats In Tarrant County File Lawsuit Over Paper Trails

By Vince Leibowitz  on Oct 31, 2006 in 2006 Texas Elections      

In Tarrant County, the Democratic Party and four local voters have filed a federal lawsuit against Texas Secretary of State Roger Williams alleging that the electronic voting machines used in that county are unconstitutional and in violation of federal law.

The lawsuit demands a verifiable paper trail be installed in time for Tuesday’s election. Though top election officials say that’s impossible, it has always been my understanding it only takes money to order the machines and a few minutes to plug them in, assuming FedEx can get them here in time.
Here’s more:

Art Brender, chairman of the Tarrant County Democratic Party, filed the suit in Austin on Monday charging that without a backup paper trail that voters can use to double-check their vote when casting their ballot electronically, the voting system in Tarrant County violates the Texas Election Code, the Help America Vote Act, and the first and fourteenth amendments of the U.S. Constitution.

Brender said he’s aware that a paper-trail system cannot be adopted in time for next week’s election. The purpose of the suit, he said, is to force courts to determine whether federal law already requires a paper trail. It also serves as a way for the local Democratic Party to hedge its bets in case a serious problem emerges with the voting machines on Election Day, he said.

“If you can show it’s a programming error and the court upholds what we’re saying . . . then I think a court would and should give you another election,” Brender said.

Brender filed the suit with Tarrant County residents Ealy Boyd, Bobbie Cornelison, Priscilla Brown and Dolores Valdez. All are Democrats who have served on the Tarrant County Ballot Board, which oversees the counting of absentee and early ballots, according to the suit.

Interestingly, I believe David Van Os has already filed a similar lawsuit in state court that is set for trial early next year after a state district judge judge failed to issue a temporary restraining order earlier this year.

Texas is one of more than 20 states that refuse to require a verifiable paper trail.



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