Litigation Update July 25, 2006 VoterAction.org

[eleny]

I received this update in email this evening:

"Colorado
After a lengthy hearing in Denver on Friday, July 19, 2006, Colorado District Court Judge Lawrence Manzanares ruled that the Plaintiffs have stated viable claims against Colorado Secretary of State Gigi Dennis and could proceed against her. The judge dismissed the claims against the Defendant Counties and County Clerks. The lead attorney for the Counties stated that the Counties would honor any order of the Court, even though they might no longer be parties to the case. With this understanding, having the Counties out of the case simplifies and focuses the issues.

Judge Manzanares stated that he was going to hear evidence on whether the Secretary had followed the law and her own regulations in certifying the subject DREs. The judge will allow discovery against the Secretary and will hold an evidentiary hearing on August 28 at 8:30 a.m. in Denver District Court.

The August 28 hearing date allows more time to discover and digest information about the Secretary’s certification process and the material supplied by the DRE manufacturers, particularly as to security and Independent Testing Authority issues. The hearing is now set for two days. We remain optimistic that the court will act to protect the integrity of Colorado elections and Colorado citizens’ individual voting rights."

Their web site http://www.voteraction.org