Litigation

Description: County-level organizations will pursue legal actions to enforce compliance with state election laws currently being violated by county elections departments. Violations include abridgement of the public's right to observe all phases of the voting process, to inspect voting systems, to have votes reported at the precinct level, to have recount laws uniformly applied, and to have access to recounts without the assessment of prohibitively high fees.

Our legal team will appeal to county district attorneys and grand juries, and state attorneys general to uphold state election laws being breached; but, in the event government law enforcement fails to enforce the election laws, the Alliance will engage our own attorneys to file class action suits against county and state elections departments and voting vendors who are noncompliant with state election laws.

Additionally, we will file injunctions to block the purchase, deployment, or use of voting systems that are not legally qualified according to federal and state voting system standards, or that otherwise fail to comply with any HAVA, EAC, or state election regulations or laws, including state bond acts for funding purchase of voting equipment.

We will also file suit to enjoin the use of any voting system that contains known security risks, or that otherwise constitutes a threat to electoral integrity or a waste of public funds. Where "sunshine" or "public right to know" or other relevant clauses in state constitutions present opportunity, we will sue to reverse the privatization of public elections by prohibiting proprietary source code in any voting system, and require that, if any voting software is used at all, it must be publicly developed and managed as a truly open-source software application.

Coordinator: Paul Lehto

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