Bad News for Challengers to Diebold Certification

Superior Court Judge Ripley Rand has ruled against the EFF in its bid to stop Diebold and others from selling voting equiptment in the state. The challengers had claimed that the certification of the firms was illegal because the firms were not willing to follow the transparency laws of the state. Oh well, there are always appeals.

Background here. Story here.

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Comments

Administrative Action

What little I've read on this topic said that the Judge upheld the action because the board's reading of the statute was reasonable. If the judge got the correct standard for review, the EFF (and the rest of us) are probably out of luck on this one.

Standard of Review

You are correct about the standard of review for agency action. But I do not think that the ship is sunk. I do not think that the actions of the Board was reasonable. Unfortunately this could be one of those things where the action is taken before an appeal could be heard.