VoterGa Supporters,

The Georgia Supreme Court ruled today that our current form of un-auditable voting does not infringe upon the fundamental right to vote and to have our vote counted. This ruling essentially gives the state a license to pretend to conduct elections. Not one of the 100+ million votes that have been cast on the machines since 2002 can be audited for accuracy and correctness of vote recording. Georgia  law in 2001 and 2002 required that any new machines have an independent audit trail of each vote cast. The state's own witnesses have acknowledged that the specific type of electronic voting machines we purchased and use do not have such an independent audit trail. The machines can only internally recreate selections that may or may not have been shown to voter. Without an independent audit trail, it is impossible to determine whether the actual ballots cast on Election Day were recorded correctly. Auditable electronic voting machines were available for purchase in 2002 as they are today.

 

When one or two officials can commit the state of Georgia to a 54 million dollar of equipment that was illegal when purchased, there must be some mechanism of accountability. Otherwise, public officials can operate above the law. In this particular case, the previous boss of former Secretary of State Cox, who signed the purchase agreement, was the lobbyist for Diebold, the voting machine vendor. When the people have no recourse even for a standard trial of evidence , they become slaves to their government rather than the masters of it.

 

The Georgia Supreme Court also upheld the remarkable lower court decision that no trial is warranted on any count of the 13 count legal suit. The Georgia Supreme Court declined to overturn that lower court decision in spite of 17 disputes of facts cited in lower court conclusions and 41 disputes of facts cited against claims made by the state to Georgia Supreme Court. Several of these disputes involved claims that were directly contradicted by the evidence in the record and clearly cited. Summary judgment dismissals, such as the one that the court upheld are rare in this type of case because standard procedures for any court in America require the court to hear the evidence in order to determine the facts before reaching a conclusion.

 

Now that the state has proven not to  be unable to rule against itself on any count, some Constitutional parts of the case could be appealed to the U.S. Supreme Court. While offering a more substantive decision than the lower court, the Georgia Supreme Court did not cite U.S. Supreme Court rulings related to ballot counting and recounting to corroborate its decision. All such U.S. Supreme Court rulings confirm that ballot counting and recounting requires strict scrutiny. On the contrary, the Georgia Supreme Court decided that the state need only have a rational basis for implementing the voting systems. Even so, there is no rational basis for implementing a voting system that violates the law.

 

 

Garland

www.voterga.org

GA Supreme Court Ruling: http://www.gasupreme.us/sc-op/pdf/s09a1367.pdf