Judge upholds Calif. voting order (good news re: paper trails)

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http://www.fcw.com/fcw/articles/2004/0705/web-evote-07-08-04.asp

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A federal judge has ruled that California Secretary of State Kevin Shelley did not violate any laws when he issued orders that make it harder for counties to use touch-screen voting machines.

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In denying the motions, Judge Florence-Marie Cooper found that "the evidence does not support the conclusion that the elimination of the would have a discriminatory effect on the visually or manually impaired. Although it is not disputed that some disabled persons will be unable to vote independently and in private ... it is clear that they will not be deprived of the fundamental right to vote."

Cooper also rejected the plaintiff's argument that it would be impossible to equip the machines with voter-verified paper records by January 1, 2006. The Help America Vote Act of 2002 requires that polling places offer at least one touch-screen machine — or another system equipped for disabled voters — by that date. Shelley's April order makes the use of such a paper trail a requirement for touch-screen machines.

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"This decision is a landmark," said Cindy Cohn, legal director of the Electronic Frontier Foundation in a statement. "The court said, in clear, unambiguous terms, that requiring a paper trail for e-voting machines is consistent with the 'obligation to assure the accuracy of election results.' That's an enormous victory for secure elections."

another article on same subject
http://zdnet.com.com/2100-1105_2-5260214.html

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The California secretary of state and proponents of paper audit trails for voting machines garnered a judicial win Tuesday when a U.S. District Court judge refused to strike down the state's decertification of e-voting systems in 14 counties.

The ruling freezes a bid by four California counties and the American Association of People with Disabilities to avoid having to find alternatives to their electronic voting systems come the November presidential elections. Those groups had asked for a temporary restraining order against Secretary of State Kevin Shelley's decision, which would prevent them from using their e-voting machines.

Shelley's "decision to decertify touch-screen voting machines and to withhold further certification until he is satisfied that manufacturers and counties have complied with specific conditions is a reasonable one," Judge Florence-Marie Cooper stated in the ruling.