EFF: North Carolina Sued for Illegally Certifying Voting Equipment
[Posted December 9, 2005 by cook]
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| EFF: North Carolina Sued for Illegally Certifying Voting Equipment |
| Date: |
| Thu, 08 Dec 2005 11:30:54 -0800 |
Electronic Frontier Foundation Media Release
For Immediate Release: Thursday, December 08, 2005
Contact:
Matt Zimmerman
Staff Attorney
Electronic Frontier Foundation
mattz@eff.org
+1 415 436-9333 x127
North Carolina Sued for Illegally Certifying Voting
Equipment
EFF Asks Court to Void Approval of Diebold and Others
Without Source Code Review
Raleigh, North Carolina - The Electronic Frontier
Foundation (EFF) on Thursday filed a complaint against the
North Carolina Board of Elections and the North Carolina
Office of Information Technology Services on behalf of
voting integrity advocate Joyce McCloy, asking that the
Superior Court void the recent illegal certification of
three electronic voting systems.
North Carolina law requires the Board of Elections to
rigorously review all voting system code "prior to
certification." Ignoring this requirement, the Board of
Elections on December 1st certified voting systems offered
by Diebold Election Systems, Sequoia Voting Systems, and
Election Systems and Software without having first obtained
– let alone reviewed – the system code.
"This is about the rule of law," said EFF Staff Attorney
Matt Zimmerman. "The Board of Elections has simply ignored
its mandatory obligations under North Carolina election
law. This statute was enacted to require election
officials to investigate the quality and security of voting
systems before approval, and only approve those that are
safe and secure. By certifying without a full review of
all relevant code, the Board of Elections has now opened
the door for North Carolina counties to purchase untested
and potentially insecure voting equipment."
North Carolina experienced one of the most serious
malfunctions of e-voting systems in the 2004 presidential
election when over 4,500 ballots were lost in a voting
system provided by e-voting vendor UniLect Corp.
Electronic voting systems across the country have come
under fire during the past several years as unexplained
malfunctions combined with efforts by vendors to protect
their proprietary systems from meaningful review have left
voters with serious questions about the integrity of the
voting process.
"North Carolina voters deserve to have their election laws
enforced," said co-counsel Don Beskind of the Raleigh law
firm of Twiggs, Beskind, Strickland & Rabenau, P.A.
"Election transparency is a requirement, not an option.
The General Assembly passed this law unanimously, and it is
now time for the Board of Elections to meet their
obligations."
On behalf of McCloy, EFF and Beskind intervened in – and
convinced a judge to dismiss – a separate lawsuit filed
last month by Diebold, which sought to be exempted from the
state's transparency laws. Diebold represented to the
court that it would be "unable" to comply with the code
escrow requirement of the statute. Inexplicably, the Board
of Elections certified Diebold despite it's admitted
inability to comply with the law.
A hearing in McCloy's case against the Board of Elections
is set for Wednesday, December 14. EFF and Beskind have
asked the Court for a temporary restraining order
preventing North Carolina's 100 counties from purchasing
any of the recently certified systems unless and until the
Board of Elections complies with its statutory obligations.
For the full complaint:
http://www.eff.org/Activism/E-voting/EFF_Mandamus_Complai...
For this release:
http://www.eff.org/news/archives/2005_12.php#004237
About EFF
The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/
-end-
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