jmdrake
01-18-2008, 12:09 PM
http://ap.google.com/article/ALeqM5he8Blnwws1k9ho3ArBE4wYNydVFwD8U7UT8G0
CLEVELAND (AP) — The American Civil Liberties Union sued the state and its largest county Thursday to block the county from switching to a paper voting system in time for the March 4 presidential primary.
The ACLU claims the system to be put in place in Cuyahoga County violates voters' constitutional rights because it doesn't allow them to correct ballot errors.
With more than 1 million registered voters, Cuyahoga County plans to send paper ballots filled out by voters to a central location — the Board of Election's warehouse near downtown Cleveland — to be scanned and counted.
Such an optical-scan system with centralized vote tabulation does not give voters notice of ballot errors and an opportunity to correct mistakes that could invalidate votes, the ACLU alleges in the federal lawsuit.
"We take no position on what kind of voting technology is used so long as voters have the chance to check their ballots for mistakes before casting their vote," ACLU staff attorney Carrie Davis said.
The lawsuit names Secretary of State Jennifer Brunner, the Cuyahoga County Board of Elections and the county's three commissioners as defendants.
Elections board chairman Jeff Hastings said the lawsuit would not affect preparations for the primary.
"We'll continue with our business, which is to provide fair, transparent elections," he said.
Brunner said the lawsuit has no merit. She criticized the ACLU for using Cleveland as a test case to challenge the Help America Vote Act, and for having poor timing.
"They're a bit tardy in filing this lawsuit," Brunner said. "The closer we get to the election the tougher it's going to be for a judge to deny the voters of Cleveland the right to vote in a presidential primary."
County Prosecutor Bill Mason said the optical-scan system is permitted under the voting act, which was passed by Congress in 2002 in response to the disputed 2000 presidential election. The county plans to challenge the ACLU's allegations.
"'Tis the season," Mason said. "Elections are coming and so are lawsuits."
The ACLU said it plans to request a preliminary injunction soon to stop the county from proceeding with the new system until the lawsuit is decided.
"Conceivably, that could muck things up," Mason said. "But I firmly believe we're on solid legal standing to use these type of machines."
The county is hurriedly switching from touch-screen machines to the new system after prodding from Brunner, a Democrat who considers optical-scan voting more secure.
In most counties with optical scanners, ballots can be immediately counted at the precinct level, allowing a voter to make a correction if a ballot is rejected due to a mistake, such as voting for too many candidates, the ACLU said.
President Bush's victory over Democrat John Kerry in Ohio in 2004 proved crucial. Kerry conceded the election after narrowly losing Ohio's 20 electoral votes.
Cuyahoga County elections have been a major concern for Brunner due to persistent problems adjusting to its touch-screen voting system.
Brunner authorized a study last year that helped her conclude touch-screen voting can be manipulated. As a result, she wants all 57 counties that use touch screens to switch by November, at an estimated cost of $31 million.
CLEVELAND (AP) — The American Civil Liberties Union sued the state and its largest county Thursday to block the county from switching to a paper voting system in time for the March 4 presidential primary.
The ACLU claims the system to be put in place in Cuyahoga County violates voters' constitutional rights because it doesn't allow them to correct ballot errors.
With more than 1 million registered voters, Cuyahoga County plans to send paper ballots filled out by voters to a central location — the Board of Election's warehouse near downtown Cleveland — to be scanned and counted.
Such an optical-scan system with centralized vote tabulation does not give voters notice of ballot errors and an opportunity to correct mistakes that could invalidate votes, the ACLU alleges in the federal lawsuit.
"We take no position on what kind of voting technology is used so long as voters have the chance to check their ballots for mistakes before casting their vote," ACLU staff attorney Carrie Davis said.
The lawsuit names Secretary of State Jennifer Brunner, the Cuyahoga County Board of Elections and the county's three commissioners as defendants.
Elections board chairman Jeff Hastings said the lawsuit would not affect preparations for the primary.
"We'll continue with our business, which is to provide fair, transparent elections," he said.
Brunner said the lawsuit has no merit. She criticized the ACLU for using Cleveland as a test case to challenge the Help America Vote Act, and for having poor timing.
"They're a bit tardy in filing this lawsuit," Brunner said. "The closer we get to the election the tougher it's going to be for a judge to deny the voters of Cleveland the right to vote in a presidential primary."
County Prosecutor Bill Mason said the optical-scan system is permitted under the voting act, which was passed by Congress in 2002 in response to the disputed 2000 presidential election. The county plans to challenge the ACLU's allegations.
"'Tis the season," Mason said. "Elections are coming and so are lawsuits."
The ACLU said it plans to request a preliminary injunction soon to stop the county from proceeding with the new system until the lawsuit is decided.
"Conceivably, that could muck things up," Mason said. "But I firmly believe we're on solid legal standing to use these type of machines."
The county is hurriedly switching from touch-screen machines to the new system after prodding from Brunner, a Democrat who considers optical-scan voting more secure.
In most counties with optical scanners, ballots can be immediately counted at the precinct level, allowing a voter to make a correction if a ballot is rejected due to a mistake, such as voting for too many candidates, the ACLU said.
President Bush's victory over Democrat John Kerry in Ohio in 2004 proved crucial. Kerry conceded the election after narrowly losing Ohio's 20 electoral votes.
Cuyahoga County elections have been a major concern for Brunner due to persistent problems adjusting to its touch-screen voting system.
Brunner authorized a study last year that helped her conclude touch-screen voting can be manipulated. As a result, she wants all 57 counties that use touch screens to switch by November, at an estimated cost of $31 million.