Pacific Views

Lawsuit Filed Over Black-Box Voting

Florida Congressman Robert Wexler has filed a lawsuit to force the state to provide printers with electronic voting machines:

...Wexler claims that it is unconstitutional for 52 counties in Florida to have a means to conduct a recount, while 15 other Florida counties with touch-screen voting machines have a paperless system not allowing for one.

Florida law unequivocally requires a manual recount in a close election. Despite the clear requirements of Florida law, the Department of State recently issued a proposed rule stating, "when a manual recount is ordered and touchscreen ballots are used no manual recount of undervotes and overvotes cast on a touchscreen system shall be conducted since these machines do not allow a voter to cast an overvote and since a review of undervotes cannot result in a determination of voter intent."

"Essentially, what the Secretary of State is saying is that touch-screen voting machines are infallible -- which would make them the first machines devised by mankind in the history of the world that will never make a mistake. ..."

FL Secretary of State Glenda Hood was on Lou Dobbs this evening saying that the lawsuit does a "disservice" to voters' belief in the integrity of the system. She went on to say that no vendors even offered companion printer technology, implying that the lawsuit was therefore frivolous. She said that such technology might be available in the future, but it was an unknown.

...I believe that Congressman Wexler is doing a great disservice to those voters who have that strong confidence in the system and know that their vote counts and know that our track record has been strong since 2002. ...But the fact of the matter is that today, there's no vendor that's presented any type of manufactured piece of equipment, a companion printer to go with those touch-screen machines for certification in the state of Florida. ...

However, according to VerifiedVoting.org, Brazil's electronic voting machines have been retrofitted with printers. Is Brazil ahead of us in voting technology?

Apparently, they are not. US based touch-screen voting system manufacturer Sequoia Voting Systems has put its optional printer system up for certification as of the first quarter of this year. Nevada has already insisted on retrofitting all their Sequoia machines with printers, and making at least one machine with a printer available at each voting location in areas where older machines can't be updated by September of 2004. From his statement on the decision last December:

..."As we moved through this process, several factors helped make my decision clear," Heller said. "Foremost were the findings of a report I requested from the Nevada Gaming Control Board to review the two systems preferred by the overwhelming majority of state County Clerks/Registrars of Voters: Sequoia and Diebold." The report, compiled by Electronic Services Division Chief Marc McDermott, stated in its summary:

I believe the Diebold electronic voting machine, operating on the software analyzed in a John Hopkins report and the SAIC (Science Applications International Corporation) Risk Assessment Report, represents a legitimate threat to the integrity of the election process. Conversely, based on available information with regard to the Sequoia Voting System, I believe the Sequoia electronic voting machine represents a much more secure option because of the increased security of the customer (voter) interface and by the fact that the Sequoia operating software has not been made available on the Internet.

When the Gaming Control Board's Electronic Services Division reports [pdf] to me that one system is superior to another, I'm going to place my confidence in that equipment," Heller said. "They are responsible for verifying the security and integrity of various electronic gaming machines throughout Nevada and, therefore, accountable for millions of dollars on a daily basis. My level of confidence in selecting Sequoia was greatly increased after receiving this report." ...

Now, while Diebold claims that their product makes paper unnecessary, that doesn't mean the option is unavailable in the US. Though it would seem that Florida's Secretary of State may not be listening to anyone else, Nevada's Secretary of State flatly rejected Diebold's bid in large part because it did not include the option to print ballot records. Bringing us back to the age-old question of which country the Republicans think they're living in.

Update: With the transcript released, I've added a link and direct quotes from the Lou Dobbs interview with Glenda Hood.