More GOP Corruption in SoCal: Bill Postmus edition

Expanding out from the “Triangle of Corruption” Congressmen, we now hear that San Bernadino County Assesor Bill Postmus is under investigation. From the SB Sun:

San Bernardino County’s grand jury has opened an inquiry into the Assessor’s Office, sources close to the investigation say. The grand jury only recently began the investigation, said the sources, who asked not to be identified. It was not immediately clear what the particulars were behind the investigation.
***
Questions have arisen about how the recent departure of one of Postmus’ top officials was handled.

Jim Erwin told the county he was resigning from his post on Oct. 30, severing ties with the office that employed him at a salary of $63.61 an hour, or $132,308 per year. He declined to say why he left, but said the county offered him a six-month severance package after he announced he was severing ties with the governmental body. That would mean Erwin is receiving more than $60,000 for not working in a job he held for 11 months. The county Board of Supervisors approved the deal in a closed session the morning of Nov. 6. (SB Sun)

I suppose I should point out that Mr. Postmus has a whole mess of fans on the Flashreport, including his former CoS Brad Mitzelfelt, who used to post at FR. For some reason, I don’t see any information about the investigation on the FlashReport, an oversight, I’m sure. Kind of like the accidental dearth of coverage for the indictment of Fleischman’s old boss, OC sheriff Mike Carona.

Mr. Postmus also is the Inland Empire Chair of the No on Prop 93 Campaign. So, add that to the chairman of U.S Term Limits, Paul Jacob, who is under indictment in Oklahahoma, and you have a real winning team, don’t ya!

Billions in Profits from Healthcare Reform?

The Wall St. Journal reports on the new marketing plans for the health insurance companies: push health care reform, reap $100 billion in annual public subsidies!

We’ll take a look at that, as well as the GOP candidates who don’t care about cancer, the Sacramento insiders letting kids’ health fail run out, and new problems with the “Massachusetts mandate” law.

…cross-posted at the National Nurses Organizing Committee/California Nurses Association’s Breakroom Blog, as we organize for GUARANTEED healthcare on the single-payer model.

It’s like the insurance companies wrote the law themselves.  Across the country, “healthcare reform” proposals are moving forward that would leave the current broken healthcare system intact, protect the role of the insurers, AND give them tens of billions of dollars in new revenues from government funds?

Democratic presidential candidates like to beat up on insurance companies, but there is a lot for the industry to like in their health-care plans — starting with plenty of new business.

“Here’s the potential for a whole new pool of lives for them to cover, with payment behind it,” said Benjamin Isgur, assistant director of PricewaterhouseCoopers’ Health Research Institute, which examined the presidential health plans’ impact on industry. The study, a comprehensive look at health-care plans offered by candidates in both parties, also concludes that doctors, hospitals and other health-care providers would likely benefit since more patients with insurance suggest more would seek care and be able to pay their bills.

The leading Democratic candidates all propose boosting spending — by around $100 billion a year — mostly to help people buy private insurance plans.

Of course the insurance corporations are not dumb:

The early signals from the insurance industry, which played a major roll in killing health-care reform in 1994, are positive. The industry’s chief lobbyist, Karen Ignagni, president of America’s Health Insurance Plans, says she is encouraged by the debate so far and says her group is focused on trying to get universal insurance enacted rather than stopping it. “At 20,000 or 30,000 feet, we have heard encouraging statements from Democrats and Republicans,” she says.

Meanwhile, the same “individual mandate” law in Massachusetts is good for insurers, but blowing a hole in the state budget.  And that hole is not fixable, since there is simply not enough public money to give protect the massive profits of the health insurance corporations.

GOP candidates who have survived cancer seem to show no compassion for other cancer survivors, at least if you trust their healthcare plans, and Sacramento insiders are showing precious little compassion for kids in that state who are about to get tossed off the healthcare rolls.

(CA-45) Mary Bono, Sometimes-CA: More Missed Votes

Mary Bozo…er…Bono, Sometimes Congresswoman in the CA-45, has apparently missed some more votes on the floor of the House of Representatives.  Guess that she was too busy getting support from Connie Mack, R-FL, to vote on these important bills.\

I just received this summary from Jim Reynolds, political activist involved in the Desert Stonewall Democrats.  The information that Jim provided is originally from The Nation.

Using the Hidden Agendas for our own Agenda

( – promoted by Brian Leubitz)

Well, today the good folks who want to “reform eminent domain” (notice the quotation marks there) have turned in their signatures to the Secretary of State.  This little shadily crafted hidden agenda masquerading as a eminent domain reform was attacked from all sides.  But one quote stood out to me, from Nan Brasmer, president of the California Alliance for Retired Americans:

Wealthy apartment and mobile home park owners spent close to $2 million to qualify their deceptive rent control rollback proposition for the June 2008 ballot. The landlords are going to try to trick voters into believing their measure is about eminent domain. But they won’t be successful. We will wage an aggressive campaign to educate voters that this measure is nothing more than a greedy scheme by landlords to eliminate rent control so they can make millions of dollars off the backs of seniors, veterans, working moms and other Californians.

Something came up on Calitics a few days ago about why language to abolish rent control was included in the Hidden Agendas measure. It seems pretty clear the rent control language is in there to help raise money from apartment owners.

Now, rent control is a fairly popular concept. I’m not saying its universally popular, but, in many of these safe-Democratic seats held by many of the leaders in the Assembly and Senate Caucus, rent control is viewed as a positive. And leaders who take a strong pro-rent control position are generally well-received. You don’t really need to look much further than the very well-attended event last Wednesday to see that there’s quite a bit of support in San Francisco. A couple of weeks earlier a similar rally was held in Los Angeles and I’m sure that same rally could have been held in several other cities across the state with equally strong attendance.

Unfortunately, the Legislature hasn’t been too kind to tenants in the last few years. Sure, it could be worse, but major pieces of pro-tenant legislation have been few and far between. That is the case for a variety of reasons, but there has been no real incentive for legislators to touch rent control for a while.

But, if the Howard Jarvis/Howie Rich eminent domain “reform” package makes it to the ballot, rent control will be a major theme of the race. And once that disastrous package goes down in flames, housing activists can work on using that informal poll on the popularity of rent control as a means to pursue more tenant protections.

So, as a little suggestion, I refer you to the Costa-Hawkins Act. More over the flip…

This little piece of legislation, passed back in 1995, allowed what is now known as “vacancy decontrol”.  Basically, vacancy decontrol allows landlord to set the initial rate of rental whenever the unit is vacated. So, in many ways, it’s a slow weaning off of rent control.  Well, here’s a bit more about Costa-Hawkins from our good friends over at the California Apartment Association:

This law cleared the way for owners in rent control communities to establish initial rental rates when there was a change in occupancy at a dwelling unit – a policy known as vacancy decontrol. While cities and counties continue to maintain the ability to implement local rent control laws, they must follow the parameters established in the Costa-Hawkins Rental Housing Act. At the heart of Costa-Hawkins are a number of basic rules: (1) housing constructed after 1995 must be exempt from local rent controls, (2) new housing that was already exempt from a local rent control law in place before February 1, 1995, must remain exempt, (3) single family homes and other units like condominiums that are separate from the title to any other dwelling units must be exempt from local rent controls, and (4) rental property owners must have the ability to establish their own rental rates when dwelling units change tenancy. (CAA)

In other words, Costa-Hawkins is a huge gift to the landlords of the state. So, if I’m a freshman legislator from, say, San Francisco (future Asm. Ammiano, I’m looking at you), I think I would invest a fair amount of my time pushing Costa-Hawkins reform.  I mean, given the extremely high rental rates in San Francisco, we could, at the very least work on fixing vacancy decontrol.  And, the argument for Costa-Hawkins reform becomes a whole lot stronger after an initiative was defeated based primarily on its inclusion of rent control restrictions. I’m just saying…

Stunning Diary on Daily Kos

UPDATE by Brian: The diary that is referred to here was a troll diary at dKos, and thus I think this would best be considered a troll diary as well.  The candidates released a joint statement about the issue a while back, which can be found here.  Here’s the statement:

Statement of Louis Vandenberg:

I reject any assertion or suggestion that Mr. Hedrick acted improperly with respect to the incident cited in a DailyKos diary posted on November 4, 2007.  In my view, Mr. Hedrick behaved honorably and professionally in the execution of his duties as the leader of the Rialto Teacher’s Union.  It is the responsibility of a person in such a position to address personnel matters in a manner which is as fair and objective as possible to all parties.  The accused teacher, regardless of the accusations, was not convicted in a court of law.  To my understanding, no criminal or civil charges were ever brought in this matter.  Therefore, it would have not been appropriate for Mr. Hedrick to have stated anything other than the facts of the case, which is what he did.  This is standard practice. No responsible person would have done anything differently.  Although I am a political opponent of Mr. Hedrick’s in the 44th congressional race, such a smear deeply offends my sense of justice and fairness.  I reject it, and I believe we all should.  This campaign should be and must be about real issues that matter to real citizens in the real world. And this is not real.

Statement of Bill Hedrick:

Normally, this type of dirty trick does not merit a response.  But when false allegations like these impugn the ethics and due diligence of an excellent school district and outstanding police force, this goes beyond personal slander of a political candidate.

As an educator, student safety is my highest priority.  All employees of the Rialto Unified School District-whether the superintendent, the union president, or clerks, custodians, or teachers-are mandated reporters of any suspicion of child abuse.

Rialto Unified and the Rialto Police Department are diligent in investigating every allegation involving student safety.  In the incident cited, both agencies vigorously and thoroughly performed their investigative duties with the full participation of the teachers’ association. 

As a teacher, my first professional, legal, and moral obligation is student safety.  Also, I work to ensure due process and the rule of law-something all citizens deserve in our democratic and free society.

It is unfortunate that posting such baseless allegations damages the credibility of school districts, law enforcement agencies, and teacher associations, all of whom are committed to ensuring the safety of children.

Again, we together, as Democrats and as candidates, seek honesty in our political dialog at this important time.  Therefore, we have taken this unique step–political rivals coming together to condemn and reject obvious smear and slander.  We trust that you will too.

Sincerely,

Bill Hedrick
Candidate for United States Representative in Congress
California’s 44th CD
www.hedrickforcongress.com
November 5, 2007
Corona, California

Louis Vandenberg
Candidate for United States Representative in Congress
California’s 44th CD
www.vandenbergforcongress.com  (site update coming soon)
November 5, 2007
Riverside, California
 

Now back to your regularly scheduled troll diary. /update

The diary that I found this on Daily Kos. Here’s the link: http://www.dailykos….

What a piece!!! See below:

I’m a little pissed that Inland Empire Democrats have placed their hopes of defeating corrupt Rep. Ken Calvert (R) on Bill Hedrick.  Can’t we find someone better?  Hedrick is gonna get ripped apart if he makes it to the general election in Nov. 2008. See below.

I found this on craigslist > california > inland empire > politics.

Maybe someone can email Bill Hedrick and get a response? Bill Hedrick needs to come clean about his statement that George Warren retired and that the “sexual harassment allegations had nothing to do” with Warren’s decision to retire. How stupid does he think the Democratic voters of CA-44 are? I suspect some industrious muckraking reporters are on the case now…

Check out this story to get an overview of the sex predator problem in our nation’s schools:  http://www.editorand…

Copied from http://inlandempire….

“Bill Hedrick is a Democratic candidate in the 2008 congressional elections for the 44th Congressional District of California, which includes Riverside. He is seeking the Democratic nomination to challenge incumbent Rep. Ken Calvert (R-Calif.). The primary will take place on June 3, 2008.

Questions and serious concerns remain about controversial comments made by Bill Hedrick while president of the Rialto Teacher’s Union. In 2005, a verbal argument erupted between a young middle school girl and her teacher, George Warren. Later, the girl accused George Warren of sexually harassing her. Soon, other female students came forward as well, corroborating a pattern of sexual harassment carried out by George Warren.

The school district conducted an investigation. At its conclusion, George Warren announced he would no longer serve as a middle school teacher.

Bill Hedrick, then and still president of the Rialto Teachers Union, made it clear that Warren had been cleared by the school board, had simply retired of his own choice and that the sexual harassment allegations had nothing to do with his decision.

Do you believe Bill? Did he protect a child sex predator?”

See story at:  http://www.zerointel…

Bill Hedrick’s campaign website:  http://www.hedrickfo…

His more honorable Democratic Opponent Louis Vandenberg: http://www.vandenber…

 

Stunning Diary on Daily Kos

I found this on Daily Kos. Here’s the link: http://www.dailykos….

What a piece!!! See below:

I’m a little pissed that Inland Empire Democrats have placed their hopes of defeating corrupt Rep. Ken Calvert (R) on Bill Hedrick.  Can’t we find someone better?  Hedrick is gonna get ripped apart if he makes it to the general election in Nov. 2008. See below.

I found this on craigslist > california > inland empire > politics.

Maybe someone can email Bill Hedrick and get a response? Bill Hedrick needs to come clean about his statement that George Warren retired and that the “sexual harassment allegations had nothing to do” with Warren’s decision to retire. How stupid does he think the Democratic voters of CA-44 are? I suspect some industrious muckraking reporters are on the case now…

Check out this story to get an overview of the sex predator problem in our nation’s schools:  http://www.editorand…

Copied from http://inlandempire….

“Bill Hedrick is a Democratic candidate in the 2008 congressional elections for the 44th Congressional District of California, which includes Riverside. He is seeking the Democratic nomination to challenge incumbent Rep. Ken Calvert (R-Calif.). The primary will take place on June 3, 2008.

Questions and serious concerns remain about controversial comments made by Bill Hedrick while president of the Rialto Teacher’s Union. In 2005, a verbal argument erupted between a young middle school girl and her teacher, George Warren. Later, the girl accused George Warren of sexually harassing her. Soon, other female students came forward as well, corroborating a pattern of sexual harassment carried out by George Warren.

The school district conducted an investigation. At its conclusion, George Warren announced he would no longer serve as a middle school teacher.

Bill Hedrick, then and still president of the Rialto Teachers Union, made it clear that Warren had been cleared by the school board, had simply retired of his own choice and that the sexual harassment allegations had nothing to do with his decision.

Do you believe Bill? Did he protect a child sex predator?”

See story at:  http://www.zerointel…

Bill Hedrick’s campaign website:  http://www.hedrickfo…

His more honorable Democratic Opponent Louis Vandenberg: http://www.vandenber…

 

Our Progressive Coalition – A Reason To Believe

( – promoted by David Dayen)

Our Progressive Coalition: A Reason to Believe

By Brad Parker
11/19/07

When we were formulating our strategy timeline for the “Progressive Plan” – published by the Progressive Caucus of the California Democratic Party in August 2006 – we called for a coalition meeting of all outside the Democratic Party Progressive groups with all Progressive Caucuses inside the state Democratic Parties in the fall of 2007. Up until two weeks ago it looked as though this strategic prognostication might not be realized as the rest of the timeline has been. As we prepare to celebrate Thanksgiving we can be thankful that in two significant ways this call to coalition has not only been realized but in mysterious and stimulating ways.

First – a move to censure Senator Dianne Feinstein for her votes to confirm Leslie Southwick and Michael Mukasey, that began in the Executive Board of the Progressive Caucus of the CDP, caught fire across California, resulting in a spirited effort to do just that at the CDP Executive Board meeting in Anaheim this past weekend. Mal Burnstein – Co-Chair of the Progressive Caucus of the CDP – first brought the resolution of censure to the caucus board. It was unanimously passed.

Then, it began to be moved and passed at Democratic Clubs and County Central Committees. That was concurrent with an all-out and energetic promotion by the Courage Campaign. Before long the censure movement was joined by MoveOn, PDA, local DFA and Wellstone chapters and more than 30,000 Californians. Even though the Resolutions committee of the CDP voted to stifle debate and not hear the resolution – the Progressive, Women’s and Irish-American caucuses passed it. California was on fire again.

Less heralded – but just as important – was the announcement of an Immigration Town Hall to be held at the 2008 CDP Convention in San Jose this March. This initiative also originated in the Progressive Caucus Executive Board. Over the last six months, the Labor caucus embraced it, as did the Women’s and African-American caucuses, finally receiving the impramatur of CDP Chairman Art Torres at this weekend’s CDP meetings. It is a bold idea to bring together representatives of all of the caucuses in the Party who choose to participate and discuss an issue central to the upcoming 2008 campaigns in a setting that encourages listening, dialogue and mutual respect. A coalition of seemingly disparate groups within the Party to form a consensus is also a feature of the “Progressive Plan” strategic timeline and was slated for the 2008 CDP Convention, where it will now come to fruition. Where the members lead, the leaders must follow.

Bound up in the drama surrounding these policy and action determinations has been the question – “Who is a Democrat?” and “What does the Democratic Party stand for?” While there are as many answers as there are registered Democrats, both questions taken together point toward a larger phenomena that we are all participating in – futuring the Democratic Party.

Broadly speaking there are two forces that might be categorized as: the progressive membership (inside and outside of the Party – the activists) and the current leadership (both Party leaders and elected officials) who are debating these questions and pointing to their divergent philosophies for answers. Current leadership seems to be embattled and demanding unity behind incumbents and campaigns as well as established Party funding, endorsement, rules, resolutions and platform procedures. Progressive membership is rallying for more openness, access to decision-making apparatus, accountability of electeds (and their voting records), transparency in financial decisions, disbursement of campaign funds to all candidates and open debate of all issues. It may appear that these two camps are antithetical but that is not necessarily so.

Current leadership claims that critique of Democrats by Democrats leads to Republican victories. Progressive membership counters that lack of critique by Democrats of both Democrats and Republicans leads to inertia, capitulation and complicity in Republican malfeasance. So, what can bring the apparently opposed views into consilience? How can the Democratic Party develop improved strategies for advancing the Liberal Ideal? What is the best way to bring about and end to Neo-Con social policy and Neo-Liberal economic policy? When do Democrats do best at winning elections? The answer is simple and profound; give the citizens of America a “reason to believe”.

In a nation mired in scandal – political, business and religious – people have lost hope. When Party leaders are incommunicado from the citizenry. When elected officials are enjoying fine wine, luxury travel, substantial healthcare and pension plans yet the citizens have none. When politicians tell you to trust them and yet they betray their own families – in public. When the first consideration on any vote is how will it help an elected to get reelected. When too many people are dying for no reason in an illegal war of intervention in a foreign land. When there’s too much cash from Crony contributions spilling out of the campaign accounts of electeds and the working stiffs have nothing then the people become mired in despair and the Constitution gathers dust in a forgotten corner. Our job as Progressives is now, has always been and will remain to give people a reason to believe again.

While we are dispatching the Republican Anarchy Collective – and we are getting there – we must take on the Crony corruption in the Democratic Party. The source of the corruption – besides primal greed and narrow self-interest – is the theoretical premise foisted upon our Party by the DLC. Their premise was and is; money and business are the primary concerns of the Party along with aggressive national security. Of course this thesis was always false but with a salesman like Bill Clinton the Party couldn’t resist. Now twenty years of devastating electoral losses later the membership has woken up and begun to swarm around the Progressive movement. In the end money was not the way to win but the way to lose. Even the current leadership and electeds are beginning to tire of carrying the Clinton/DLC machine around on their backs.

So, our job as a Progressive coalition remains the same. We are here to give the people, the sullen citizens, a reason to believe; a reason to believe that their vote will be counted as cast, a reason to believe that the Liberal Ideal is not dead, a reason to believe that principles win elections not big donors, a reason to believe that they should be active civically, a reason to believe that the Democratic Party is different from the Republican Party, a reason to register as Democrats and vote for Democrats. In short – the Progressive membership’s emphasis on principles is the cure for what ails the body politic. Our forming swarming coalition is the reason to believe.

This past weekend showed that everyone, members, leaders, activists and electeds alike could and should find a way to work together for the enlightened self-interests of all. It put a fine note on the reality that only the freedom of “dissent” can lead to the “consent” of the governed. It also proved that accountability and standing for something is not only possible but also essential to being a Democrat and the future of the Democratic Party. Most importantly – the Progressives inside the Party acted with decorum and civility – allowing the strength of our ideas and our tough-mindedness to carry our message while many in the opposition lost their cool and relied on bellicose belligerence to defend their derisory obfuscation. Our principled ideas and actions are our strength and speak louder for us than emotional outbursts ever will.

If Democrats want to win again then they only need to stand up, show up and speak up for the principles we all hold dear rather than the large donor’s pet projects. Our Progressive Coalition not only stands for all Americans but is the positive force forging a reason to believe while creating  – E Pluribus Unum. To paraphrase Hubert Horatio Humphrey – I’m as pleased as punch to be part of this historic citizens movement of the Twenty First Century. I can’t wait for another wild weekend!

More Lawsuits: AG Brown Sues Mattel, Automakers Sue State

Let’s turn Calitics into Court TV for a little while, shall we?  In addition to Debra Bowen suing ES&S, Jerry Brown has made the strongest move to date against companies who profited from toxic toys made in China, suing Mattel, Toys “R” Us and about 20 other companies for “knowingly” selling the products with illegal amounts of lead.

The suit, filed in Alameda County Superior Court, alleges the companies knowingly exposed children to lead and failed to provide warning of the risk, which is required under the Safe Drinking Water and Toxic Enforcement Act of 1986, known as Proposition 65.

If the suit is successful, the companies could pay a $2,500 fine for each violation, according to the complaint […]

The suit, which was joined by the Los Angeles city attorney’s office, also named as defendants Wal-Mart, Target, Sears, KB Toys, Costco Wholesale and others.

That could add up in a hurry, when you consider the millions of lead-filled toys in California that have been sold.

Meanwhile, the state isn’t the only with prosecuting attorneys, as the auto industry is challenging the state’s global warming law in a Fresno District Court.

Lawyers for car manufacturers, dealers and trade associations said California’s 2002 law, the model for statutes in 11 other states, amounted to a requirement for higher gas mileage, a subject that only the federal government can regulate.

Although federal law allows California to take a lead role in reducing air pollution, Congress never “intended a single state to have such sweeping authority to unilaterally set national fuel economy policy … and profoundly affect a vital national industry,” said Raymond Ludwiszewski, lawyer for a trade group of international automakers.

But U.S. District Judge Anthony Ishii suggested that the industry’s argument had been undercut by a U.S. Supreme Court ruling in April upholding the federal government’s authority to limit emissions of greenhouse gases.

The district judge will follow precedent here; this lawsuit is frivolous.  But the point is to buy time.  Meanwhile, the EPA is still foot-dragging on granting a waiver that would put the 2002 tailpipe emissions law into effect, and the state has sued the federal government over that.

Debra Bowen Sues ES&S

Secretary of State Debra Bowen is taking it to unscrupulous voting machine vendors, after having completed her investigation into the illegal sale of thousands of machines that were not certified for use in California.  ES&S would be on the hook for millions if this suit is successful.  Chron:

“ES&S ignored the law over and over and over again, and it got caught,” Bowen said in a statement after filing suit against the company. “I am not going to stand on the sidelines and watch a voting system vendor come into the state, ignore the laws and make millions of dollars from California’s taxpayers in the process.”

Bowen’s decision could be a windfall for the affected counties. In the suit, the secretary of state is seeking a $10,000 penalty for each of the uncertified machines sold in the state, with half that fine intended to go to the counties that bought them.

ES&S also would have to reimburse the counties for the full cost of the machines, but the counties would be able to keep the AutoMARKs, which are now slated to receive full state certification in early December.

The reimbursement rule was added to the state election code in 2004 in an effort to boost the penalties against companies that ignore the state’s certification rules, Bowen said.

Bowen is simply enforcing existing laws.  I am sure the counties would not mind a few extra million dollars.

“I was surprised to see this happen,” Bowen said in a telephone conference call Monday afternoon. “I hope this will be the last time I have to use (the new penalties).”

The threat of the penalties was clearly not enough to dissuade the voting machine companies from selling non-certified machines.  Perhaps the actual paying of the fines will ensure they follow California law.

At a hearing last month in Sacramento, company officials argued that because only minor changes had been made to the original AutoMARK, there was no need to get the upgraded version certified.

By reporting the changes last year to an independent federal testing authority, which agreed that only minimal modifications had been made, the company met its state reporting requirements, Fields said.

But Bowen said there is no ambiguity in the law.

“Changes … must be submitted to the secretary of state before a voting machine can be sold or used in California,” she said. “California law doesn’t ask the manufacturer to decide whether the changes are small or large or medium-size.”

California only learned about the changes when an ES&S representative inadvertently mentioned the new version of the AutoMARK in a telephone conference call with state election officials. The company never even mentioned to the state or the five counties that changes had been made to the machines that were shipped, Bowen said.

The United States has a federal system of government.  Companies do not get to pick and choose which laws they have to follow.  The actions of ES&S were deceitful and illegal.  And now there is a strong tenacious Secretary of State going after them.  Go Debra Go!

Secretary of State files suit over voting machines

As I mentioned in a quick hit yesterday, the Secretary if State’s office has filed a lawsuit against voting machine company ES&S. The suit is seeking $15 million from the Omaha, NB for selling almost 1,000 uncertified voting machines to 5 counties in California.

The lawsuit alleges that the company sold 972 uncertified machines to Colusa, Marin, Merced and Solano counties, as well as the city and county of San Francisco.
The suit also calls for a $10,000 penalty per machine. Which would result in almost $2.9 million for San Francisco alone.

The SFGate is reporting that this this is the first time that the Secretary of State’s office has has to use this rule of the voting code.
The company is, of course, denying that any violations occurred. And charges that the suit would be detrimental to the voting rights of the disabled.

But Bowen responds with:

But Bowen said there is no ambiguity in the law.

“Changes … must be submitted to the secretary of state before a voting machine can be sold or used in California,” she said. “California law doesn’t ask the manufacturer to decide whether the changes are small or large or medium-size.”

California only learned about the changes when an ES&S representative inadvertently mentioned the new version of the AutoMARK in a telephone conference call with state election officials. The company never even mentioned to the state or the five counties that changes had been made to the machines that were shipped, Bowen said.

The city of San Francisco has previously filed suit against ES&S claiming that their machines had delayed certifying the vote in the November 6 elections.