In FL, Jennings appeals to see e-voting source code

Denied access to ES&S source code by district judge, Jennings appeals to the First Circuit. Her claim: machines lost many intended votes in Democratic county.
Written by Richard Koman, Contributor

After losing an election in which 18,000 voters mysteriously failed to cast a vote in a hotly contested House race, Florida Democrat Christine Jennings sued to force the e-voting manufacturer to turn over the machine's source code. Circuit Judge William Gary refused to grant that request last week, ruling her charges are conjecture and not worth the burden of violating Election Systems & Software's trade secrets.

Yesterday, Jennings appealed the decision to the 1st District Court of Appeal, Associated Press reports. Read her appeal here (PDF).

Jennings wants experts to take a close look at the source code to see if the machines failed to register attempted votes. She lost by only 369 votes, so a small fraction of the 18,000 would be enough to tip the election. Buchanan is scheduled to be sworn in today.

Buchanan spokeswoman Sally Tibbetts said the appeal would ``again demonstrate that there's no merit to her case, as did the recount and the machine tests and the recent court ruling and will confirm that Vern Buchanan is the lawfully elected member of Congress.''

On the Daily Kos, Jennings' campaign argued to the faithful about the merits of her campaign.

We are not giving up because the right to vote in fair elections, and to have that vote accurately recorded and counted, is sacrosanct in this country. Some seem to have tragically forgotten that--including some who would seek to serve as the People's representative. But the purpose of a Representative is to speak for the People when their voices are silenced. Hundreds of Sarasotans have filed sworn affadavits attesting to the machine malfunctions they themselves witnessed and they are being silenced. When over 18,000 voices were silenced in Novemeber, it was Christine who raised her voice to protect and defend theirs. If that doesn't epitomize the ideals of our representative democracy, I don't know what does.
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