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Weber, the Chair of the Desert Area Libertarians in Palm Desert, California, had originally filed her lawsuit in August 2001. The suit named then-California Secretary of State Bill Jones, and Riverside County Registrar of Voters Mischelle Townsend as defendants.
Weber's suit argued that touchscreen voting systems are illegal under California law, and violate the Fourteenth Amendment's "equal protection" clause. According to California Elections Code §19205, all voting machines must be "safe from fraud or manipulation."
Without a paper ballot, DRE machines create "unobservable, unverifiable, non-recountable, untestable, non-public voter tallies," argued Weber.
Weber lost the first round when Judge Stephen V. Wilson ruled against her in September 2002.
The three appellate judges in the Ninth Circuit supported Wilson's ruling, and refused to allow the testimony of computer experts.
Interestingly, less than a week after Weber filed her appeal, the California secretary of state (Shelley) reversed a long-held position, and ordered county election officials to add a paper ballot printing system to all electronic voting machines in the state.
"Those who led the state's ballot-count reforms now work for the firms making the equipment. As secretary of state in 2001, [Republican] Bill Jones moved to rid California of the type of antiquated voting machines that helped throw the presidential election into turmoil in Florida. Then last year he sponsored a successful $200-million industry-backed bond measure that gave counties money to buy high-tech replacements. Now, the former Elections Chief is a paid Consultant to one of the major voting machine firms vying for that business. One of his former top aides has become a Vice President for business development with the same company, Sequoia Voting Systems. Another former employee is working on Sequoia business strategies." (See also Michael Dresser's "Legislators Are Warned by Voting System Critic: Expert Who Found Flaws Fears They Weren't Fixed" , and Verified Voting report ). (11/18)