Officials subpoenaed for hearing   (TX)

JULIAN AGUILAR    LAREDO MORNING TIMES  21 October 2008

Subpoenas were sent to officials with the City of Laredo, Webb County and the Laredo Independent School District by lawyers for Republican candidate Louis H. Bruni in advance of today's hearing on electronic voting machines.

Bruni, a candidate for Texas Senate District 21, is seeking an injunction that would prevent the use of the machines during early voting and on Election Day for the 2008 general election, except for those needed by the visually impaired.

After casting his ballot at the Webb County Administrative Building on Monday, Bruni said his suit isn't necessarily against the county, city or the school districts, but instead against the electronic voting machines.

"These machines are something that you don't want to vote on," the former county judge said. "You can input 100, 200, 300 or 1000 votes into this machine in a matter of ten minutes and anybody can do it that has bad intentions.

So this election is going to be an election where the true feeling of the voter is heard. Whether it (the vote) is for my opponent or whether it's for me, I don't care."

State District Judge Raul Vasquez is scheduled to hear arguments in the case today in the 111th Courtroom.

Monday was the first day of early voting and the 10 polling places within Webb County only offered electronic voting machines to the visually impaired, as required by law.

Bruni's attorney Roberto Balli confirmed subpoenas were sent out to Oscar Villarreal, Webb County elections administrator; Gustavo Guevara, Laredo city secretary; and Mercedes Santos, administrative officer to the LISD Board of Trustees.

The petition filed with the county clerk's office Friday contains a sworn affidavit given by a California computer scientist that attests to the inaccuracy of the electronic voting equipment used in Webb County, which is manufactured by Election Systems and Software.

In his effort to ban the machines, Bruni is also alleging Villarreal is acting without authority. Balli explained each entity conducting an election - in this case, Webb County, the cities of Laredo and El Cenizo, LISD, UISD and Webb Consolidated Independent School District - must individually determine which place or places will use which system, either the paper ballot or the machine.

Balli said the facts are spelled out succinctly in the Texas Election Code.

"If more than one kind of voting system is adopted for use at the polling places in the same election, the adopting authority shall determine the polling place or places at which each system is to be used, subject to Section 123.009 (of the code)," the chapter states.

Balli said two distinct actions must be undertaken by each entity to ensure compliance with the law.

"The first part of it is that they (the entities) have to adopt the system," he said. "The second part of it is after you've adopted the system ... then you can only use one system per polling place. If you have more than one system that you want to use at different polling places then you have to be very specific."

Bruni's suit alleges that using two systems in one polling place is illegal, adding to his argument that the voting machines should be banned.

Balli said all entities, when they enter into a contract with Villarreal's office, should be notified of what the law states requires.

"If the elections administrator doesn't guide them and let them know they need to do this then they wouldn't necessarily know that they need to do," he said.

An official with the City of Laredo provided Laredo Morning Times with a copy of a resolution that states the city manager will enter into an agreement with the county elections office to conduct the election. Balli, however, said that is not enough.

"That's not it. It (the proper document) would be a resolution saying that city council hereby adopts ES&S as the system to be used in elections," Balli said. "That's what we would be looking for."

Villarreal would only confirm that he was served with the subpoena but referred all other comments to the Webb County Attorney's office.

As of press time, a representative from Webb County had not returned phone calls seeking comment.

Balli said his client is not alleging Villarreal has any malicious intent, but simply demonstrating a misunderstanding of the law and thereby acting outside his authority when he determines the systems that are used at each polling site.

Bruni acknowledged that when he was county judge, he voted to have Villarreal replaced as elections administrator in 2006.

Bruni said that was because he had doubts back then about the electronic voting machines and said he thought they contributed to his defeat when he ran for re-election as Webb County judge.

He also recognized that some might think his latest actions constitute little more than a ploy to gain publicity, but said it is instead an attempt to secure accurate election results.

"This is a legitimate issue and anybody that thinks this is political grandstanding, take a deep breath and think about what I'm doing," he said.

"I'm doing this with my own dime and my own attorneys and I'm trying to prove a point."