Email from Voter Action

[eleny]

Colorado

Finally, the Colorado state District Court has scheduled four to five days for a full evidentiary hearing on the plaintiff voters’ motion for preliminary injunction, beginning on Monday, August 14th. This will permit us to present live testimony by several of our voting system security and disability access experts. TheColorado case seeks a court order banning purchase or use of DREs sold all four major vendors: the Diebold TSx, the Sequoia Edge II, the ES&S iVotronic and the Hart InterCivic eSlate. The judge has authorized plaintiffs to take at least three depositions (pre-trial testimony under oath), obtain documents and inspect voting machines prior to the hearing. The judge also scheduled a hearing for Friday, July 21st on the defendants’ motions to dismiss the complaint. Plaintiffs’ attorneys are optimistic that the motions to dismiss will be denied and the August 14thpreliminary injunction hearing will go forward.

One thing now seems clear: there will be decisions in at least two and possibly all three of the active Voter Action lawsuits in time to affect the November 2006 general election. If you can, look through the briefs, expert declarations and exhibits filed in these cases, all posted on the legal sections of http://www.voteraction.org/. We hope they will be inspiring. Many outstanding attorneys and experts have generously volunteered a great deal of their time to make this all possible, and we thank them.