-Caveat Lector-

http://www.dfw.com/mld/startelegram/news/local/states/texas/4394031.htm

Posted on Tue, Oct. 29, 2002



Dallas & State Digest
Staff and Wire Reports

DALLAS & STATE

DALLAS

Judge dismisses voting-machine case

A state district judge dismissed a lawsuit Monday that was filed last week
by the county Democratic Party over early voting, saying that she did not
have jurisdiction to hear the case.

The Democratic Party filed the lawsuit after receiving dozens of
complaints from voters who said that when they tried to vote for a
Democratic candidate, the voting machine cursor instead landed on the
Republican candidate.

Election officials said some machines had become miscalibrated because of
being moved.

Judge Karen Johnson of the 95th District Court made her ruling at a
hearing called after negotiations between Democratic and Republican party
officials and officials of Dallas County broke down Friday when County
Commissioner Jim Jackson walked out.

He returned with an assistant district attorney, who filed a motion with
Johnson challenging the court's jurisdiction.

Dallas County Democratic Party Chairwoman Susan Hays said party officials
were debating whether they would appeal.

She said party officials were pleased that the county had implemented
about a dozen changes and safeguards requested in their suit, including
checking machines throughout the day and removing those that were
malfunctioning.

However, she said they would still like the county to test and audit votes
taken on machines that had exhibited problems last week.

County officials have said that will not occur unless a judge orders it
after the election.

Dallas County elections administrator Bruce Sherbet said no anomalies have
appeared in early-voting patterns throughout the county.

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