A federal court has ruled that disabled voters cannot sue California elections officials on the basis of federal election law, but can continue their legal battle over allegations that certain voting machines are not accessible.

The case, filed earlier this year against Secretary of State Bruce McPherson and elections officials in four California counties, alleges that the voting systems certified by McPherson-- and purchased by the counties-- violate the rights of disabled voters under the federal Help America Vote Act (HAVA).

HAVA, the federal law created in the wake of the 2000 election debacle, mandated changes designed to improve the reliability and access of voting.

The plaintiffs, who have disabilities ranging from vision to movement impairments, allege that their right to vote without assistance was taken away by the voting machines selected by elections officials in Alameda, Marin, San Francisco, and Yolo counties for the June primary. They also allege that McPherson should never have certified the machines in the first place, given the provisions contained in HAVA.

In her ruling, Judge Saundra Brown Armstrong offered the equivalent of a 'win-win'... or, depending on how you look at it, a 'lose-lose'.

In a win for the elections officials, Judge Armstrong ruled that the plaintiffs are not entitled to pursue legal action under HAVA, because the language of the act only allows government (not indviduals) to sue for voting violations. But in a win for the plaintiffs, she rejected the argument from McPherson and the elections officials that the disabled voters lack any legal standing in regards to voting machines.

(She also rejects an argument made by the local officials that if anyone should be sued, it should be the person who certified the systems for use-- McPherson-- and not them.)

This means the legal debate over certain voting systems... from optical scanners to touch-screen devices... is likely to continue. Attorney John McDermott, who represents the disabled voters, says his clients will appeal the ruling on whether they can challenge under HAVA requirements. And he says even if that fails, his clients now can move forward with other legal action against elections officials.

But perhaps more importantly, none of those involved know what changes in the certification of voting machines may be in store in 2007, when McPherson is replaced as the state's top elections officer by Democrat Debra Bowen.