Scott Rafferty, plaintiff's attorney in Bridgeman v. McPherson, makes the case against a secret ballot waiver in overseas vote-by-fax arrangements

California Politics Today #650

Washington, D.C.
September 11, 2006

By Marc Strassman
Reporter
California Politics Today
Solar World
Etopia News

This page and its contents are copyright © 2006 by Etopia Media News Networks. All rights in all media reserved.



Scott Rafferty, petitioners' attorney in Bridgeman v. McPherson


previously in the case of Bridgeman v. McPherson

On October 21, 2004, in an Etopia News article entitled "Scott Rafferty, petitioners' attorney in Bridgeman v. Shelley, discusses secrecy waivers in vote-by-fax systems," Mr. Rafferty explained some of the legal issues involved in his clients' efforts to overturn a provision of California law requiring them to waive their right to a secret ballot if they wanted to submit their ballots from overseas using a fax machine.

That case was eventually decided in his clients' favor by a Superior Court in Sacramento County, but that decision was reversed in a July 11, 2006, decision by the Court of Appeal of the State of California Third Appellate District (Sacramento).

Mr. Rafferty has asked the California Supreme Court to review the appellate court's decision. That case now awaits arguments from California Secretary of State Bruce McPherson as to why the Supreme Court should leave standing the appellate court decision.

California Secretary of State Bruce McPherson "Touts Enhanced Voting Resources for Military and Overseas Voters," but doesn't mention secrecy waiver requirement

In a September 6, 2006, press release entitled "Secretary of State Bruce McPherson Celebrates "Armed Forces Voters Week" and Touts Enhanced Voting Resources for Military and Overseas Voters," Secretary of State McPherson says:

"“Two thousand members of California’s National Guard are currently serving overseas. As California’s Chief Elections Official one of my top priorities is to make sure our military and overseas voters have every resource they need to cast their vote while serving away from home. That’s why I defended our new easy to use fax ballot in court and why I was pleased when it was upheld by the 3rd District Court of Appeals earlier this summer," but makes no reference to the core of that case, which was the upholding of the secrecy waiver as an integral part of the right to vote by fax.

a new interview with secrecy waiver plaintiffs' attorney Scott Rafferty

California Politics Today spoke this morning (afternoon in Washington, D.C.) with Scott Rafferty, attorney for Theresa Bridgeman of Bridgeman v. McPherson, about the issues at stake in that case.

You can listen to that conversation with Mr. Rafferty about the secrecy waiver for voting-by-fax case by clicking here.


 



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