Press Releases related to E-Voting Rights
California Judge Tentatively 'Nullifies' Election Result
Friday Hearing to Finalize Sanctions, Revote in Contested Election
Oakland, Calif. - On Friday, July 13, at 9:30 a.m., a California judge will rule on sanctions against Alameda County for botching its response to a contested race conducted on Diebold electronic voting machines. In a tentative ruling issued Thursday, Judge Winifred Y. Smith said that the election results in the race were "nullified" and ordered a revote.
Americans for Safe Access and voters in the city of Berkeley brought a legal challenge seeking a recount after Measure R, an initiative addressing the operation of medical marijuana dispensaries, lost by fewer than 200 votes in the 2004 election. While the lawsuit was ongoing, election officials returned the voting machines to supplier Diebold Election Systems, and 96% of the election data was destroyed. The Electronic Frontier Foundation (EFF) helped analyze the remaining data, but too many questions remained.
"Without examining the redundant data, audit logs, and chain-of-custody records, no one can confirm whether any of the reported malfunctions were ever resolved or whether vote data was manipulated or lost," said EFF Staff Attorney Matt Zimmerman. "As a result, no one can ever confirm whether the vote result announced by the county was correct."
Smith's tentative ruling orders the county to place Measure R on the ballot in the next general election, as well as to pay the costs for the incomplete recount. That ruling is likely to be finalized after Friday's hearing.
What:
Americans for Safe Access vs. County of Alameda
When:
9:30 a.m.
Friday, July 13, 2007
Where:
Wiley Manuel Courthouse
Department 114
661 Washington Street
Oakland, CA
Contacts:
Matt Zimmerman
Staff Attorney
Electronic Frontier Foundation
mattz@eff.org
Gregory G. Luke
Attorney
Strumwasser & Woocher LLP
gluke@strumwooch.com
Rebecca Saltzman
Chief of Staff
Americans for Safe Access
rebecca@safeaccessnow.org
Caleb Dardick
CDA Strategies
caleb@cdastrategies.com
Spoon-Bending 'Paranormalist' Illegally Twists Copyright Law
Uri Geller Makes Bogus Copyright Claims to Silence YouTube Critic
San Francisco - The Electronic Frontier Foundation (EFF) filed suit Tuesday against Uri Geller -- the "paranormalist" famous for seemingly bending spoons with his mind -- on behalf of a YouTube critic who was silenced by Geller's baseless copyright claims.
EFF's client, Brian Sapient, belongs to a group called the "Rational Response Squad," which is dedicated to debunking what it calls irrational beliefs. As part of their mission, Sapient and others post videos to YouTube that they say demonstrate this irrationality. One of the videos that Sapient uploaded came from a NOVA program called "Secrets of the Psychics," which challenges the performance techniques of Geller.
Despite the fact that only three seconds of the over thirteen-minute video contain footage allegedly under copyright owned by Geller's corporation Explorogist Ltd. -- a classic fair use of the material for criticism purposes -- Geller filed a takedown demand with YouTube under the Digital Millennium Copyright Act (DMCA). That violates the DMCA requirement that copyright holders only send takedown notices for infringing content.
"Uri Geller may not like it when people question his paranormal abilities. However, he is not allowed to stifle public criticism by misusing the law," said EFF Staff Attorney Marcia Hofmann. "If the publication of a video does not infringe his copyright, then he cannot block its use -- it's as simple as that."
Because of Geller's unlawful DMCA notice, Sapient's YouTube account was suspended, and his videos were not available for over two weeks. In the lawsuit filed Tuesday, EFF asks for damages due to Geller's violation of the DMCA, a declaratory judgment that the NOVA video does not infringe Geller's copyrights, and that Geller be restrained from bringing any further legal action against Sapient in connection to the clip.
"We've seen a rash of people abusing the DMCA lately, attempting to take down legitimate criticism and commentary online," said EFF Staff Attorney Jason Schultz. "To allow thin-skinned public figures like Uri Geller to abuse this system forces critics to remain silent and creates unfair hurdles for free speech to thrive online."
This lawsuit is part of EFF's ongoing work to protect online free speech in the face of bogus copyright claims. EFF is currently working with Stanford's Fair Use Project to develop a set of "best practices" for proper DMCA takedowns. At EFF's suggestion, media giant Viacom set up an email "hotline" to help users who believe their videos have been improperly ensnared in a takedown campaign.
For the full complaint against Uri Geller and Explorogist Ltd.:
http://eff.org/legal/cases/sapient_v_geller
Contacts:
Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
Brian Sapient
Rational Response Squad
infidelsapient@hotmail.com
Friday Hearing on Electronic Voting Violations in California Election
Alameda County May Face Sanctions for Failure to Preserve E-Voting Data
Oakland, Calif. - On Friday, May 4, at 9 a.m., a California judge will consider potential sanctions against Alameda County for failing to preserve critical voting machine-related data in a lawsuit challenging the county's recount procedures following a close race conducted on Diebold electronic voting machines in the 2004 general election.
Superior Court Judge Winifred Smith ruled last month that county officials violated both the Elections Code and the California Constitution when they refused to make audit logs and other relevant data available for a recount. The county also returned voting machines to Diebold Election Systems without preserving the corresponding data, despite the ongoing the legal battle over the recount for Measure R.
Measure R, a citizens' initiative, would have addressed the operation of medical marijuana dispensaries in Berkeley. The measure lost by under 200 votes. Americans for Safe Access, a medical marijuana group, and three Berkeley voters asked to see the copies of the votes stored in the voting units, the audit logs from those machines, the results of Logic & Accuracy system tests, and the chain-of-custody records for system components. Although California Elections Code provides that a voter may examine "all ballots ... and any other relevant material as part of any recount," former Alameda County Registrar Bradley Clark refused to provide any of this "relevant material." Americans for Safe Access and the Berkeley voters filed suit.
"Judge Smith's decision is potent vindication of the people's right to control their elections and a firm rebuke of the culture of secrecy surrounding electronic voting," said Gregory Luke of Strumwasser & Woocher LLP, attorney for Americans for Safe Access and the suit's three other plaintiffs. "Having found that the county violated the voters' right to a recount, the court must now address the shocking fact that the county disposed of the electronic copies of the votes while this lawsuit was still pending."
The voter-plaintiffs have asked the court to order the county to return the $22,000 they were required to pay for the recount and, if the county is unable to locate the electronic copies of the votes, to place Measure R back on the ballot.
"Requirements to preserve the transparency of the electoral process are especially important when electronic voting systems are used," said Electronic Frontier Foundation (EFF) Staff Attorney Matt Zimmerman. "Aside from the widespread problems that have been documented with these types of machines in the past, without the ability to review even the limited evidence that these machines generate, the public would lose further confidence in the process. The court has flatly rejected the shortsighted arguments of the county about its election-related obligations. The county should further be held accountable for any failures to safeguard the digital record of the 2004 election."
What:
Americans for Safe Access v. County of Alameda
When:
9 a.m.
Friday, May 4
Where:
Alameda County Superior Court Department 31
201 13th St.
Oakland, CA
Contacts:
Matt Zimmerman
Staff Attorney
Electronic Frontier Foundation
mattz@eff.org
Gregory G. Luke
Attorney
Strumwasser & Woocher LLP
gluke@strumwooch.com
Kris Hermes
Legal Campaign Director
Americans for Safe Access
kris@safeaccessnow.org
Florida Voters Challenge Judge's Shutdown of Election Investigation
Ruling Impedes Search for Answers in Sarasota County Congressional Race
Tallahassee, Fla. - A bipartisan group of Florida voters today challenged a court ruling that is preventing a thorough, independent investigation into alleged voting machine failures in the state's 13th congressional district race.
Tuesday Hearing on Critical E-Voting Evidence in Flawed Florida Election
Search for Thousands of Missing Votes in Sarasota County Congressional Race
Tallahassee, Fla. - On Tuesday, December 19th, at 1 p.m., a state judge in Tallahassee, Florida, will consider whether representatives of Florida voters will gain access to voting machines and software in a contested election for the U.S. House of Representatives seat for Florida's 13th congressional district.
The Electronic Frontier Foundation (EFF) and other election advocacy groups last month filed suit on behalf of Sarasota County voters
Sarasota Voters File Lawsuit for Re-vote in Congressional Race
Local Voters Supported by Election Advocacy Groups Including EFF
Electronic Voting Machine Headaches Shut Out Citizens
Delays Mean Long Lines for Voters in Florida, Utah, and Other States
San Francisco - Problems with electronic voting machine failures kept some polls from opening, created long lines, and left many voters puzzled about whether their votes were counted in Tuesday's high stakes election.
EFF Battles to Save Critical Ohio E-Voting Case
Court Fight Continues As Princeton Researchers Demonstrate 'Vote Stealing'
San Francisco - The Electronic Frontier Foundation (EFF) has asked the 6th U.S. Circuit Court of Appeals to reject Ohio's latest attempt to dismiss a critical electronic voting case -- the final legal hurdle in the path to a thorough investigation of the state's widely criticized 2004 election and much needed reform.
Court Slows EFF Efforts to Address Ohio E-voting Malfunctions
Decision Delays Inquiry Into State's History of Voting Machine Problems
San Francisco - The Sixth Circuit Court of Appeals ruled this week that a critical lawsuit aimed at improving the security and integrity of Ohio's voting technology will be put on hold indefinitely. The ruling halts case proceedings until the appeal of the government's motion to dismiss is decided and seriously jeopardizes the chances that critical procedural improvements will be in place by the time voters enter polling places in November.
Citizens Lobby Congress for Reliable Electronic Voting
Hundreds Join EFF and Other Groups to Fight for Election Integrity
San Francisco - Hundreds of citizen lobbyists from across the nation will be in Washington, DC, this coming Thursday and Friday, working to help secure the future of safe, reliable electronic voting through the passage of HR 550 -- the Voter Confidence and Increased Accessibility Act. HR 550 would ensure a voter-verified paper record of every vote, establish mandatory random hand-counted audits, and prohibit the use of secret software and wireless communications in voting machines.
