'Why would you have a paper record if you don't count it?' Asks 'Losing' Candidate
Orange County, CA, Court Decision to 'Set Precedent' According to Both Sets of Attorneys...
By Brad Friedman on 3/27/2007, 1:35pm PT  

The Los Angeles Times underscores everything that is wrong with relying on "paper trails" from Direct Recording Electronic (DRE) touch-screen voting systems: Nobody ever counts them. Even in incredibly close contested elections as overseen by a court of law...

A judge ruled Monday that Janet Nguyen won the February election for an Orange County Board of Supervisors seat by a slim three-vote margin, rejecting arguments by her opponent that a recount wasn't completed because the paper audit of electronically cast ballots was not counted manually.

"All the votes were counted," said Orange County Superior Court Judge Michael Brenner. "There was a full and legal recount."
...
It was, he said, "perfectly reasonable" for Janet Nguyen to ask for about 35,000 paper absentee ballots to be checked by hand to contest ones that weren't filled out properly and then ask to have about 10,000 electronic votes recounted the way they were on election night — by machine
...
Trung Nguyen, who is not related to the winner, declined to comment and left the courthouse as his attorney, Michael Schroeder, said an appeal was likely. "Why would you have a paper record if you don't count it?" Schroeder said.
...
All sides agreed that Brenner's ruling could set a precedent.

Please note that Rush Holt's Election Reform bill (HR811), which mandates the hand-count of a very small minority of paper records in most federal races (which this race was not) via an audit after Election Day, allows no audit to happen at all in the case of an automatic state-mandated recount --- the type that occurs when an election is incredibly close, and when such an audit, arguably, might be needed the most.

UPDATE 4:58pm PT: Election Integrity advocate Tom Courbatt of Riverside County points us towards an October 31, 2006 statement [PDF] from former CA Sec. of State Bruce McPherson, who said: "The mandatory paper audit trail will be used for a full recount if necessary." That statement is at the bottom of the 5-page press release. Guess he was just kidding. Or the judge in Orange County didn't care. Or "paper trails" don't actually matter after all, no matter what any law or elections officials try to tell you...Which is why we need a paper ballot --- one that is actually tabulated --- for every vote cast in America!

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DEMAND A BAN ON DRE/TOUCH-SCREEN VOTING!
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