In a complaint said to be the broadest yet filed to halt the rise of the electronic voting machines, a non-partisan group of voters have announced they are filing suit today in Colorado to stop the purchase and use of Direct Recording Electronic ("DRE" or touch-screen) voting machines in the state, The BRAD BLOG can now reveal.
The suit, being filed today in Denver District Court and modeled after similar actions filed previously in California, Arizona and New Mexico, calls for an immediate halt to the use of touch-screen machines made by all four of the major electronic voting machine vendors currentlly doing business in Colorado.
The group, advised and organized by VoterAction.org contends that voting machines made by Diebold, Sequoia Voting Systems, Election Systems and Software Inc. (ES&S) and Hart InterCivic "have a well-documented history of problems with security, reliability, verifiability, and disability access."
According to a press release issued this morning (posted in full below) by the Denver law firm of Wheeler Trigg Kennedy LLP the machines "are easily hacked and compromised, and have a history of operational problems which have disrupted elections across the country."
Defendants named in the suit include Colorado Secretary of State Gigi Dennis and the Boards of county commissioners in 9 different CO counties.
"The Secretary of State's Office has failed to issue rules setting minimum standards for security of these systems. The election rules permit the DRE manufacturers to simply tell the State that their machines are secure," said Wheller Trigg Kennedy attorney Paul Hultin in the release. "Worse, the Secretary is not following the law. No certification reports required by law have been prepared even though these systems have been certified for months and counties are preparing to use these dubious systems in the upcoming election," he says.
"Some of the security risks with these machines are so high that it is unconscionable that their manufacturers, who have known of the problems for years, have not taken the necessary steps to correct them," says Univesity of Iowa computer science Professor Dr. Doug Jones, who is one of several experts who will be offering testimony in the case.
"The Help America Vote Act is being turned on its head, weakening the integrity of our elections in the rush to purchase untrustworthy DRE computerized voting systems," said Lowell Finley, Co-counsel for the Colorado voter plaintiffs, election law expert, and Co-director of Voter Action, according to the release. "The sanctity of our elections is too important to turn over to private corporations which operate without accountability. There are better and more secure options available, such as optical scan-paper balloting."
We're busy covering the Robert Kennedy article on Election 2004 in Rolling Stone today (we'll have extended excerpts on BRAD BLOG shortly), so we'll leave you with the complete press release below for more details on this developing case...