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EFF Battles to Save Critical Ohio E-Voting Case

From:  EFF Press <press-AT-eff.org>
To:  presslist-AT-eff.org
Subject:  EFF Battles to Save Critical Ohio E-Voting Case
Date:  Thu, 14 Sep 2006 00:17:11 -0700

Electronic Frontier Foundation Media Release

For Immediate Release: Thursday, September 14, 2006

Contact:

Matt Zimmerman
   Staff Attorney
   Electronic Frontier Foundation
   mattz@eff.org
   +1 415 436-9333 x127

EFF Battles to Save Critical Ohio E-Voting Case

Court Fight Continues As Princeton Researchers Demonstrate
'Vote Stealing'

San Francisco - The Electronic Frontier Foundation (EFF)
has asked the 6th U.S. Circuit Court of Appeals to reject
Ohio's latest attempt to dismiss a critical electronic
voting case -- the final legal hurdle in the path to a
thorough investigation of the state's widely criticized
2004 election and much needed reform.

"Ohio's procedures, like many used elsewhere across the
country, simply don't do enough to protect voters from the
serious vulnerabilities in the current generation of
electronic voting equipment," said EFF Staff Attorney Matt
Zimmerman.  "It's time to let this important case go
forward so that these critical problems can finally be
resolved."

Last fall, EFF filed suit on behalf of voter Jeanne White
against Ohio Secretary of State J. Kenneth Blackwell and
Governor Bob Taft, alleging that they had abdicated their
responsibilities to protect the fundamental right to vote
of Ohio residents.  When White voted on Election Day in
2004, the electronic voting machine she used malfunctioned,
causing her vote to toggle from one candidate to another.
White's problems were not isolated: other voters reported
unacceptably long lines, inadequately trained pollworkers,
and voting machines that failed to record their votes
correctly.  Similar problems were reported in the 2005
elections and in the May 2, 2006, primary, including a
chaotic election in Cuyahoga County where election
officials have launched a formal investigation.

In its brief, EFF argues that the widespread and deeply
rooted failings in Ohio's voting system stem from
incoherent and inadequate procedures, inconsistent
standards, and lack of planning and training -- all of
which raise serious questions about the basic fairness of
the state's elections.  The suit aims to require the state
to dramatically increase the security and accuracy of its
voting technology and related election procedures.

"The state claims that its election system merely exhibits
'garden variety' problems and that the blame for those
should rest on pollworkers and other officials," said
Zimmerman.  "The governor and secretary of state of Ohio,
however, have the ultimate duty of protecting citizens'
fundamental right to vote.  Instead of trying to avoid
responsibility for a system in crisis, these officials need
to step up to their responsibilities."

The lawsuit will also provide the best chance yet to
demonstrate the true "in the field" performance record of
electronic voting equipment, details of which are carefully
controlled by election officials and voting equipment
vendors.  EFF's brief was filed on the same day that
researchers at Princeton University released a critical new
report demonstrating the ability to manipulate results on a
Diebold electronic voting machine.  The study, led by
Professor Edward W. Felten, found that the machine was
extremely vulnerable to "vote-stealing" attacks that would
undermine the accuracy of vote counts.

EFF is working with co-counsel Kerger and Associates;
Zuckerman, Spaeder, Goldstein, Taylor & Kolker; and Heller,
Ehrman, White and McAuliffe, LLP, as it pursues this case.

For the full appellate brief:
http://www.eff.org/Activism/E-voting/ohio/intervenorsappe...

For more on the Ohio suit:
http://www.eff.org/Activism/E-voting/ohio/

For more on the Professor Felten's research:
http://www.businessweek.com/ap/tech/D8K48IU80.htm

For this release:
http://www.eff.org/news/archives/2006_09.php#004907

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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