VoterGA Seeks Summary Judgment June 9 in State E-Voting Lawsuit

May 27, 2008
Garland Favorito of VoterGA writes:

Mark your calendars now. At long last we will get our first day in court. On Monday June 9 Todd Harding, with assistance from our lead counsel, Walker Chandler, will make an oral argument in support of his motion for Summary Judgment to remove the unverifiable voting machines throughout Georgia.

The Defendants will argue their motion to dismiss all counts of the lawsuit. All motions are posted on the web site under the legal suit tab [ ].
The arguments will take place at 9:00 am in Fulton Co. Superior Court. Judge Johnson is the presiding judge.

The motion for Summary Judgment seeks to ban the Diebold AccuVote TS-R6 from Georgia on the grounds that sole reliance on an electronic ballot cannot provide protection equal to that of an absentee paper ballot used in Georgia.

The motion also seeks to ban the Diebold GEMS servers that are currently used to count both the electronic and optical scan votes in Georgia on the grounds that the state has already admitted that they cannot detect fraudulent manipulation of the vote and thereby they abridge the right to vote.

The motion further seeks to ban the Diebold AccuVote TSX machines piloted in Georgia on the grounds that their sequentially rolled election results jeopardize secrecy of the ballot as required by the Georgia Constitution, a point already admitted in a report from the office of the current Secretary of State.

Should any or all of these counts be upheld most of the arguments can be used in other states so they will have a nationwide impact.

If you are a Georgian, WE NEED YOU THERE. I am asking everyone who can make it to please come out and show that you support the lawsuit to restore the integrity of Georgia voting. Please wear your VoterGa pins or other related badges of support. This is our chance to make an impression on the judge that we care. I would expect the oral arguments to run less than one hour.

Courthouse Map and Directions:

Click here for more detail

If you are not from Georgia, but this case can help you rid your state of unverifiable electronic voting, please help us win these oral arguments by making a contribution to offset the court costs and legal fees for the arguments.

You can click here to make a donation or mail your contribution to:

Voter GA
P.O. Box 808
Decatur, Ga. 30031

Please remember that all contributions are fully tax deductible and that your entire contribution goes to exclusively to offset legal fees because we are an all volunteer organization.

We expect to receive a ruling in July.


404 664-4044

For a detailed discussion of each facet of this lawsuit, see