September 8, 2008
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State Roundup: Thursday, February 15, 2007
Texas Democrats File E-Voting Lawsuit
by Michael Martinez and Kimberly Reeves

     The Texas Democratic Party has sued Secretary of State Roger Williams, saying that one of the state's approved e-voting machines -- the eSlate created by Austin-based Hart InterCivic -- fails to properly tabulate straight-party tickets.
     Most e-voting lawsuits have been filed on two issues: the refusal of vendors to create "open source" software that can be reviewed by independent observers, and the refusal of states or vendors to provide paper trails that double-check results from e-voting machines.
     This lawsuit is different. The Texas Democratic Party is suing the state over concerns that voters -- and especially elderly and non-tech savvy voters -- do not understand that punching a same-party candidate after choosing a straight-party ticket will de-select that candidate. Democratic poll watchers came upon the problem during the general election in Madison County, when too many ballots were returned with "no selection" in multiple races.
     Buck Wood, an attorney representing the Democratic Party, theorized that the problem may stem from elderly voters, unfamiliar with technology, who often want to emphasize their votes for much-favored candidates with an extra check. Instead, they end up with no vote at all. The lawsuit alleges that Williams knew the problem existed and ignored it.
     "With this lawsuit, the Texas Democratic Party is taking steps to safeguard the accuracy and security of each voter's ballot and ensure Texas voters have confidence in our election system," state party Chairman Boyd Richie said.
     "As the state's election officer, Roger Williams is responsible for upholding the integrity of our electoral process. However, by certifying voting systems that actually ignore voters' choices, the secretary of state has failed to perform the most basic function of his office -- ensuring the fairness and accuracy of our elections."
     The legal challenge is that every ballot -- of every type -- should record votes the same way. That was a key to the Gore v. Bush Supreme Court challenge during the 2000 presidential race in Florida, Wood said. So voters using eSlate should be recording the same preferences as people using mail-in ballots. If that is not happening, he said, it is illegal.
     The secretary of State's office, which has not reviewed the lawsuit, expressed confidence in the testing it has done to verify the machines. Hart InterCivic -- which just saw the departure of its CEO Britt Kauffman last week -- expressed confidence in its eSlate machine, which is used in at least 100 counties in Texas alone.
     "Hart InterCivic is not named a party to the lawsuit involving the Texas Democratic Party," spokesman Josh Allen noted. "The eSlate fully complies with federal and state election laws, is certified by state and federal bodies, and securely, accurately and privately records votes."
     Wood has filed two cases: one on behalf of the state party and the other for the losing Democratic candidate in Madison County. If this de-selection issue was a problem in close races, it would be impossible to tell and too late to file election challenges. Instead, the Democratic Party has filed an injunction to rework the software on the election machines before the next general election.

Wi-Fi Plan Announced In Los Angeles
     Los Angeles Mayor Antonio Villaraigosa this week announced plans to build what he is billing as the largest citywide, high-speed, wireless Internet network in the country.
     On Tuesday, Villaraigosa unveiled a proposal to begin construction on the network in 2008, with hopes of expanding it across the entire city by the following year. He said the initiative will help transform the city's economy and make its education system more competitive.
     "Today is the start of Los Angeles version 2.0," Villaraigosa said in a statement.
     The city will first hire a technological expert to help craft a request for proposals from private vendors interested in building the network, he said. The city already is accepting applications for the technological consultant position. Villaraigosa said the city will not begin to consider potential partners from the private sector until that position has been filled.
     Visionbox Media Group CEO John Manulis, who joined Villaraigosa at the announcement, said municipal broadband holds the key to the city's economic future.
     "Whether it's creative ideas, complex logistics or bringing the story to [an] audience, our industry is already global," said Manulis, whose firm specializes in using digital technology in film production. "But for Los Angeles to maintain its primacy as the entertainment capital of world, a robust and fully accessible broadband network is essential."
     In other broadband news this week, Houston Mayor Bill White announced that EarthLink has been hired to build a 600-square-mile wireless network in the city. EarthLink was selected from a pool of five bidders. The company already is participating in wireless initiatives in Anaheim, Calif., and Philadelphia.
     EarthLink Executive Vice President Donald Berryman said White "has made his goals for wireless broadband pretty clear: Make City Hall more efficient and responsive and improve both the city's business climate and residents' quality of life."
     A wireless deal that EarthLink is seeking with Google in San Francisco, however, was delayed this week. The San Francisco Board of Supervisors postponed until March a key vote on whether to further study an alternative plan for the city to own and operate the network itself. Mayor Gavin Newsom offered the contract for the joint EarthLink-Google project earlier this year.

Video-Franchising Bill Stalls In Colorado
     Legislation to overhaul video-franchising regulations in Colorado stalled last week.
     The state House Energy and Transportation Committee on Feb. 8 rejected a proposal to let video providers seek statewide franchise deals rather than being forced to negotiate separately with localities. The bill, H.B. 1222, has been postponed indefinitely.
     Similar proposals are being considered in several other states, including Georgia, Massachusetts, Missouri, Tennessee and Washington. Legislation also could surface soon in Florida, Illinois, New York and Wisconsin.
     AT&T Illinois President Paul LaSchiazza said earlier this month that his company is going to push for a statewide deal there, but he did not say when he expects legislation to be introduced.

2007 Archive


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