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BLOUNTVILLE — Sullivan County election officials are considering filing a lawsuit against the state of Tennessee to delay a state requirement for optical scan paper ballot voting by November 2010. That requirement is a part of the Tennessee Voter Confidence Act, approved by the General Assembly last year. “The law as it stands today is unworkable,” Sullivan County Election Commission Chairman James Holmes said Tuesday. The Election Commission subsequently voted for Holmes to confer with a local attorney about the possibility of filing a lawsuit against the Tennessee secretary of state and Tennessee Election Commission. Holmes said several of Tennessee’s 95 counties are considering legal action to delay the requirement, citing a lack of voting equipment that meets standards set forth in the act. Election Commission members briefly discussed the merits of joining a class-action lawsuit versus filing an individual challenge. There was general agreement that the class-action route would be more expensive. Election Commission member Tom Morton said Tennessee Secretary of State Tre Hargett told him that Hargett approached the state’s attorney general about the issue — and Hargett said the attorney general said the state’s position is “indefensible.” “They just can’t defend against a lawsuit like that,” Morton said. Holmes said as things stand now, if Sullivan County does not hold 2010 elections with paper ballots, county election commissioners could be sued as individuals. “We have a law mandating us to do that,” Holmes said. “It’s not mandating us to go out there and make excuses. It’s telling us to conduct an election this way. We need some protection.” Hargett has said he supports delaying the paper ballot requirement, saying implementation by November 2010 “will be difficult, if not impossible.” “I fully support the goal of the Voter Confidence Act, which passed both houses of the General Assembly with broad bipartisan support,” Hargett said in a press release from the Secretary of State’s Office last week. “However, after researching the law, I believe it is unlikely that counties will be able to implement it before the November 2010 elections. In fact, the act as it was adopted creates a Catch-22 for county governments. Whether counties acquire new equipment or not, they will still not be in compliance with the act.” The press release cited a lack of equipment to meet the guidelines in the law. “The act is very specific,” said Hargett. “It requires counties to use only certified equipment that meets the security and reliability standards adopted by the federal Election Assistance Commission in 2005. Currently, there are no vendors certified to sell equipment meeting these standards. And because the commission’s certification process typically takes about 18 to 24 months, I’m not confident that a vendor could complete that process in time to have equipment in place for the November 2010 elections.” A bill in the General Assembly’s recently completed legislative session that would have delayed implementation of the act until 2012 passed the state House of Representatives but fell one vote short of passage in the Senate. “I was supportive of the delay because I want to see the act properly implemented,” Hargett said. “The required equipment simply isn’t on the market yet. And I’m hesitant to suggest to county election officials that they begin using equipment that is less secure and less reliable than the act requires.” Holmes echoed many of Hargett’s points on Tuesday. “Currently there is no machine in the state of Tennessee that’s certified under the 2005 standards, and there is no machine in the process of being certified,” Holmes said. “And the certification process takes anywhere from 18 months to 24 months, on a fairly streamlined typical situation. We’ve now got a Tennessee Voter Confidence Act in which we as an Election Commission, it’s impossible to follow. We can’t follow it.” If the state were to simply require optical scan equipment — not held to the 2005 guidelines — the county could meet the 2010 deadline, Holmes said. “We could have optical scans, that we used during early voting, that are approved right now in Tennessee — but under the act, they’re not,” Holmes said.
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There has got to be action against these criminals. The facts are stacking up higher and higher and for some unfathomable reason NOTHING is being done. WE THE PEOPLE are being undermined by the GOP at every turn. There is no accountability for these scoundrals.
The only "impossible" standard in Tennessee right now is getting the truth from our Secretary of State
In recent days, Secretary of State Tre Hargett has said he cannot implement the Tennessee Voter Confidence Act (TVCA) until 2012 for several (bogus) reasons. It is time for the truth, and there is no more time to waste.
The truth is that we have $33+ million in unspent federal money to buy the new equipment. States switching to paper ballots/opscan have reduced their annual election expenses by 30-40%. That's a $10-$15 million savings to Tennessee counties every year.
The truth is that we have time to implement safer elections -- about seventeen months. Other states that made the switch to paper ballots/opscan did so in seven months or less.
The truth is that the TVCA doesn't require a 2005 standard anywhere in the act. If 40 other states can use this equipment, the truth is Tennessee can too.
The truth is that paperless touch-screen voting machines are inefficient, expensive, insecure, inaccurate and incapable of being audited. If Ronald Reagan were here, he would ask, "What part of 'Trust but Verify' don't you understand?"
Bottom line: Tre Hargett says he doesn't have to respect the law. In so doing, he
has demonstrated that his only commitment right now is to keep our elections unsafe and unverifiable in Tennessee for at least two more years. That cannot be allowed to stand.
On behalf of all Tennessee voters who only want our votes to be counted the way we cast them, it is time to implement the Tennessee Voter Confidence Act.
At this moment, we need east Tennessee's traditionally moderate Republicans to speak up against the American Taliban election-thieves who have highjacked the once proud GOP and are rapidly turning it into the RICO party. Honorable Republicans don't fear fair elections -- why is Tre Hargett working so hard to prevent them in Tennessee?
Not only the article, but the comments reveal that a significant portion of the American electorate is certifiably out of touch with reality.
First, the "Acorn question." "Charges have been filed" because Republicans all over the country are engaging in a concerted campaign to discredit the organization. None of those charges have resulted in convictions of the organization, to the best of my knowledge, and Acorn has consistently fired employees who were discovered to have falsified voter registration forms.
Now, if you wanna talk about stolen elections....the president of Diebold, the company that makes touch-screen voting machines, is on the public record pledging to "help elect Republicans." The machines have a long record of flipping votes from Democrats and third parties to Republicans. That's why the GOP operatives are defending touch-screen machines.
I believe Hargett is lying in his teeth when he says he supports the effort to switch to optical scan machines. Why do I think that? Because he is lying when he says the act specifies that machines must meet the 2005 standards. It doesn't. 40 states are now using optical scan machines, and they are proving to be cheaper, more reliable, and, most important, genuinely RECOUNTABLE.
One last thing--all those "complaints from election commissions"? The Republicans have recently completed a possibly illegal purge in this state, firing county election commissioners who are Democrats and replacing them with Republicans who will do the party's bidding and fight the change to an honest voting system.
To its great shame, the state's media have mostly served as an unquestioning echo chamber for the Republicans' carefully orchestrated steal-the-vote campaign. What ever happened to investigative journalism?
So, McKracken, if Acorn scares you, then I guess the elections of 2000 with the Supreme Court and 2004 with Diebold made you go all Friday the 13th, wet the bed, and scream for your mommie?
Where was all this indignation about ACORN when this was going on:
http://www.democracynow.org/2008/12/22/republican_it_specialist_dies_in_plane
Isn't this the same Mr. Holmes involved in the interesting little "meeting" that was held to ensure Jason Booher was elected Election Administrator?
I don't know Ms. Adams so I can't speak to her mental status but she is right on about Acorn.
Since 1998, Acorn and its Project Vote have been investigated for hundreds of thousands of cases of voter fraud in 17 states.
In May, charges were filed in Nevada against Acorn, its regional director and its Las Vegas field director with submitting thousands of fraudulent voter registration forms last year. Larry Lomax, the registrar of voters in Las Vegas, says he believes 48% of Acorn's forms "are clearly fraudulent."
Also prosecutors in Pittsburgh, Pa., recently charged seven Acorn employees with filing hundreds of fraudulent voter registrations before last year's general election.
I was always taught that if there was smoke, there was usually a fire. So I ask you, if this many voter registrations were caught, how many weren't caught and actually counted? This is no delusion but a fact. It scares me as it should scare all Americans who care for the freedom of our country.
Just put the psycho in a straight jacket where she belongs.
Jane, your meds are on the top shelf of the medicine cabinet. Hurry.
I didn't have a "guy" in that race. John McCain is a lib. Although, he would have merely tried to destroy the country by giving into the nutjobs instead of following the communist manifesto line by line.
You know, Jane, your guy lost by 8 million votes. ACORN isn't THAT good, or are you sincerely giving them that much credit?
It's all moot anyway with ACORN registering and voting illegal aliens, the dead, dogs, and cartoon characters.