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Nazareth, Pa., United States

Monday, December 16, 2019

The Express Vote XL Lawsuits

Pa. Sec'y of State Kathy Boockvar tries ExpressVote XL
There are now two lawsuits challenging the continued use of the $2.9 million Express Vote XL voting system in Northampton County. The first of these, filed in federal court is courtesy of failed presidential candidate Jill Stein.  The second, filed in Commonwealth Court, includes outgoing Council member Bob Werner as a Plaintiff. In the unlikely event that either suit succeeds, Northampton County would have no choice but to scramble and spend millions for another voting system. In addition to costing the County money that has not been budgeted,  it would create a logistical nightmare for elections staff who have already invested a lot of time and energy into improving the system we have.

The Commonwealth Court Lawsuit

Had Bob Werner thought a new system was needed, he should have voted No to the budget unless it was amended to set aside money for something new. Instead he said nothing and joined a lawsuit. This is irresponsible.

Strangely, this lawsuit was first reported in The Washington Post, and offers little more support than "hacking fears."

This should have a short shelf life.

The Federal Lawsuit 
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On Thursday, the state responded to Jill Stein's attempt to bar the use of The ExpressVote XL.

It claims that Stein was well aware the state intended to certify the Express Vote XL, and posed no objection to its use until nearly a year had gone by.

In that year, both Philadelphia and Northampton County purchased and began using ExpressVote XL systems. Cumberland County has also purchased this system. "[T]hese counties expended significant funds and time on reviewing and procuring ExpressVote XL machines, and training personnel and educating voters in their use," the state observes in its response. "Under these circumstances, the doctrine of laches applies and precludes the relief Plaintiffs seek."

Laches is an equitable principle protecting defendants against unreasonable delay in filing a suit if they are prejudiced by that delay.

Judge Diamond has given Stein until Wednesday to respond to the state.

It's pretty clear to me that both lawsuits, accompanied by news releases and public pronouncements about hacking and other nonsense, are designed to disrupt the 2020 Presidential election and undermine public confidence in our most important right.

The Express Times, no fan of Northampton County's new voting system, said it best.
"Alas, an all-paper system might have been the better choice, but it’s too late now. Changing horses in the raging torrent of the 2020 elections is frightening. On such short notice, it carries its own set of potential screw-ups.

"The mandate for Northampton County and ES&S to get it right couldn’t be clearer: Do several dry runs to trouble-shoot everything. Hold open meetings to demonstrate the machines. Invite the public to tryouts. Double up on training for county election workers. Have ES&S representatives at the polls as well as the courthouse. Hire more election workers.

"And be prepared for a deluge of mail-in votes in 2020. It might be the only paper backup that some voters trust."

17 comments:

Anonymous said...

Good Luck with that! McClure wants no questions and only praise. He hate's when council allows people to ask questions and talk. His control and anger issues are front and center when he is confronted. He keeps giving his canned defense. Of course he is worried about the election decisions since his administration made them. His people pushed the commission to pick the machines. Hw will waiting until after the primary to put machine "expert" Amy Cozze in charge of the election office. Yes a political hire secretary will run all our elections.
Lamont Lines are a thing of the future.

Anonymous said...

Thanks to our biased, untrustworthy, and often dishonest news media, it is pretty difficult for the public to believe anything. Add in rampant payoffs and special favors to politicians and their families, our managers of government can expect to be regularly challenged from this point forward.

The new machines aren’t the problem, it’s the people who handle them.

Anonymous said...

Lawsuits aren't undermining the election. Bad machines, purchased badly are undermining the election. At least it keeps people from talking about Lamont Lines, which should be endless next year.

Anonymous said...

The media even local media is the enemy of the people---fact

Anonymous said...

I as a taxpayer would like to know how many other lawsuits are out their against the County and how much taxpayer dollars are being spent fighting them. What they are filing for monetarily, what has been spent so far towards litigation, and what has been paid out to settle. Ex: Mancini, etc.

Anonymous said...

Put a clown in charge of purchasing an election system and you should expect a circus. You put Charlie and Amy in charge of purchasing voting machines and you wonder why things are screwed up. Charlie will screw up a one man funeral and he proved it by putting Amy Cozzee in charge of the election process. Yes there was human error in the election day machine fiasco but the strong arm tactics of Charlie Dertinger is now coming back to bite the County. Put some of the blame where it belongs, and that is on the administration for the strong arm tactics they used to buy these machines and the eight yes votes on Council that approves this mess.

Anonymous said...

Play stupid games, win stupid prizes.

Anonymous said...

Talking about fat greasy lawyers and the most corrupt State in the union! Can there be a more greasy verminius creature that slithered from beneath the swamps muck?
Bern thanx for that delightful pic, I no longer have my lunch in my stomach.

Anonymous said...

No doubt the administration is partly to blame for the errors of the faulty performance of some of these machines. Each and every one of them should have been tested prior to the election.. Do you know if they were? Oh how I long for the " green monsters" heavy as hell but reliable to the end.

Anonymous said...

"It claims that Stein was well aware the state intended to certify the Express Vote XL, and posed no objection to its use until nearly a year had gone by."

Any good coach will hurry-up and run a play after a questionable call, before someone scrutinizes the replay. If you're watching the game you know it's bullshit.

"Laches is an equitable principle protecting defendants against unreasonable delay in filing a suit if they are prejudiced by that delay"

In the interest of the game and so not to preempt the following planned programming, lets move along broken as it is.

"... both lawsuits, accompanied by news releases and public pronouncements about hacking and other nonsense, are designed to disrupt the 2020 Presidential election and undermine public confidence in our most important right."


"Nonsense" should be "concerns", "disrupt" should be "influence" "undermine" should be "enhance", just 3 words from being a fair assessment of intent.

Despite what you may think about this modern "Abacus" and where the components were built and assembled, it is proving to be a wonderful jobs program for our white collar brothers and sisters.

LVCI said...

I really truly hope all this fussing isn't some attempt to cause Trump and his companions to try and postpone or even cancel the 2020 election results. What I once assumed was crazy talk may be crazy like a fox. Yeah I know it makes me look a bit wacko. BUT...the way things are happening nothing should be ruled out.

Anonymous said...

Would that be the same Amy Cozze that was hired as a secretary for Ken Brown as a political favor to her after she lost her state house race? she had no job and needed one. So she was hired and spends her time around the executive offices, hanging around outside Charlie Dertingers door.
she will be given a job running the county's entire election process for the future?

That is a joke right??? Must be nice.

Anonymous said...

According to polls today Trump has PA in the bag. As for this being some attempt by the DEMS to reap the entire redd state, no that a fair assumption. Let's see what is written about his weekend Army Navy game visit this week. For sure the media will be twisting the native to there OWN empty minded side!

Bernie O'Hare said...

"Each and every one of them should have been tested prior to the election.. Do you know if they were? Oh how I long for the " green monsters" heavy as hell but reliable to the end."

Each individual machine is tested and sealed, but the logic and accuracy testing was bad.

Though the green monsters are revered, they are responsible for alarge number of undervotes and replacement parts are nowhere to be found.

Anonymous said...

The Green Monsters made you feel like you were working the machinery of government itself.

The XLitigation Express makes you feel like your vote is as irrelevant as playing a video game, in that respect they do represent your vote accurately.



Anonymous said...

Who is covering for whom?

Anonymous said...

Article Title should be changed to:

ROBERT WERNER AND FRIENDS WANT TO COST COUNTY MILLIONS OF DOLLARS