http://kdka.com/topstories/local_story_102152530.html
Apr 12, 2006
David Highfield
Reporting
(KDKA) PITTSBURGH A group of Allegheny County residents
along with national nonprofit organization People for the American Way, have
filed suit today in federal court in Pittsburgh against county, state and
federal officials.
They are trying to prevent touchscreen machines from being
used in next month's primary election.
Just five weeks ago, Allegheny County officials decided to
switch voting machine companies.
The lawsuit filed today says that decision risks chaos on
Election Day because of the lack of time to train election officials and
educate voters about the change from lever machines which have been in use for
40 years.
“This rush to a new and flawed technology just weeks before
the election threatens to sow chaos in the primary and compromise the
fundamental rights of thousands of voters for years to come,” says Harry
Litman, the former United States Attorney in Pittsburgh and an attorney for the
plaintiffs. “It’s a bad deal for Allegheny County, and, we believe, a violation
of federal law.”
The suit, Celeste Taylor v. Dan Onorato asks the court to
prevent use of machines manufactured by Election Systems & Software until
the County has spent the time necessary to identify voting systems that are
secure; reliable; and accessible to voters with disabilities.
The plaintiffs cite elections in Texas, Florida, California,
Ohio, and North and South Carolina where ES&S machines failed on Election
Day.
A report by the Inspector General in Miami of a 2002
election found that the ES&S machines were not properly prepared; their
results could not be audited; poll workers were unable to operate machines; and
large number of voters simply gave up as a result.
The plaintiffs also include two Allegheny County residents
who use wheelchairs and want to make sure the County purchases machines that
are accessible to all individuals with disabilities.
The defendants in the case are the Pennsylvania Secretary of
State; Dan Onorato, Allegheny County Chief Executive; James Flynn, County
Manager; and senior officials at the federal Department of Justice.
The complaint alleges that DOJ has pressured Allegheny to
buy the new machines by improperly threatening to take back about $12 million
that has been given to Pennsylvania for improved voting systems.
The plaintiffs are asking for a preliminary injunction that
would require the use of lever machines for the May 16 primary elections and
the November general elections, and require Allegheny County to purchase
machines that comply with federal law.
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