Kens Comment of the State Senate 46 - Election Investigation and LawSuit 03/06/2008 version
3-6-2008 Update : At this writing It appears that the Cuevas/Baria SS46 Lawsuit is headed to the Mississippi Supreme Court. The Basis for the appeals is that the lower courts simply did not allow any evidence to be presented at the trial ... no witnesses ... no documents that would have to be refuted. There is some possibility a judge will call for another election ... possibly Nov 2008.
Nov
2007 As
many of you know, the Democratic Primary for State Senate District 46 was held
on August 7th ( 2 Months Ago ). The vote margin between the Democratic
candidates David Baria and Scottie Cuevas was 35 votes out of over 6000 votes
cast. Cuevas asked for irregularities to be investigated since there was no way
to recount electronic ballots. Some of the irregularities cited by the Cuevas
camp included ballots were time stamped on Monday night 8/6, paper jams, taking
ballots home, unsealed election materials, unauthorized access to voting
machines, etc … .
In Mid September, the Democratic Party awarded the election to David Baria without any serious investigation. Cuevas then filed suit in Circuit Court demanding that a more thorough investigation be conducted. The problems seem to be centered in Hancock County where the entire process is electronic without any paper backup. In Harrison County the ballots are cast in paper and tabulated electronically by use of scanning devises. If there are issues with the box returns, the ballots can be simply be ReScanned or ReCounted by different machines and/or individuals. Unfortunately in Hancock County the electronic system does not generate a paper backup and a realistic recount is simply impossible.
Once the level of election distrust reaches a certain level; There are state statutes whereby an election can be brought into court. In Mississippi , one such statute is 23-15-927 where an election can held up in court if there are simply “ Irregularities ” : The website link for this code section is : http://www.mscode.com/free/statutes/23/015/0927.htm
MISSISSIPPI CODE OF 1972
As Amended
SEC. 23-15-927. Filing of protest and petition in circuit court in event of unreasonable delay by committee; requirement of certificate and cost bond; suspension of committee's order.
When and after any contest has been filed with the county executive committee, or complaint with the State Executive Committee, and the said executive committee having jurisdiction shall fail to promptly meet or having met shall fail or unreasonably delay to fully act upon the contest or complaint, or shall fail to give with reasonable promptness the full relief required by the facts and the law, the contestant shall have the right forthwith to file in the circuit court of the county wherein the irregularities are charged to have occurred, or if more than one county to be involved then in one (1) of said counties, a sworn copy of his said protest or complaint, together with a sworn petition, setting forth with particularity wherein the executive committee has wrongfully failed to act or to fully and promptly investigate or has wrongfully denied the relief prayed by said contest, with a prayer for a judicial review thereof. But such petition for a judicial review shall not be filed unless it bear the certificate of two (2) practicing attorneys that they and each of them have fully made an independent investigation into the matters of fact and of law upon which the protest and petition are based and that after such investigation they verily believe that the said protest and petition should be sustained and that the relief therein prayed should be granted, and the petitioner shall give a cost bond in the sum of Three Hundred Dollars ($300.00), with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the judge or chancellor, if necessary, at any subsequent stage of the proceedings. The filing of such petition for judicial review in the manner set forth above shall automatically supersede and suspend the operation and effect of the order, ruling or judgment of the executive committee appealed from.
SOURCES: Derived from 1972 Code Sec. 23-3-45 [Codes, 1942, Sec. 3182; Laws, 1935, ch. 19; 1968, ch. 567, Sec. 1; Repealed by Laws, 1986, ch. 495, Sec. 333]; En, Laws, 1986, ch. 495, Sec. 283, eff from and after January 1, 1987.
Chapter Index | Table of Contents
Although I think it is Unfortunate that the State Senate 46 Democratic Primary Election, which took place on August 7th, 2007 ( 2 MONTHS AGO) is still undecided, some good things may come out of this.
1. The Public has been made aware of the fact that there is no way to trust a ReCount of electronic cyberspace ballots.
2. The Public should be aware that there are seminars being given on how a DieBold Electronic voting machine can be hacked by an UnEthical - HighTech Criminal.
http://www.gizmodo.com/gadgets/gadgets/how-to-steal-an-election-with-a-diebold-machine-200693.php
3. To get the official lowdown on the DieBold electronic voting machines, simply visit the website BlackBoxVoting.Org
http://www.blackboxvoting.org/
In my judgment, the individuals who conducted the election represent the highest of public integrity. The decision to go to electronic voting was coerced by interests at the federal level, and there is little blame that can be placed even at the MS state and local levels. The FAD of having Electronic Voting WithOut a Paper BackUp is one FAD that I hope will pass sometime in the near future. Although the Cuevas lawsuit appears to be sour grapes on a loss of a close election, the review of the flawed electronic voting process at this early state of the game in one that will prevent many stolen elections in the future. I hope the review of electronic voting ( with no paper backup ) will continue in the future.
The Harrison County method of using Old Time Paper Ballots with an electronic scanning counting process, is probably the best alternative for holding an election where votes can be counted fast and there is a reliable recount method.