19 NM counties agree that Sequoia DREs should not be used by their voters
By John Gideon on 12/21/2005, 3:04pm PT  

Guest Blogged by John Gideon of VoteTrustUSA.org

Last month The BRAD BLOG reported on an important lawsuit underway in New Mexico. We can now report that a Temporary Restraining Order (TRO) has been filed and that plaintiffs have been added to the suit.

Today, attorneys for Patricia Rosas Lopategui, et al. and against Secretary of State Rebecca Vigil-Giron, et al. filed a temporary restraining order asking District Judge Eugenio Mathis for an emergency order blocking the Secretary of State from spending millions of dollars on Sequoia AVC Edge touch screen voting machines for use in Bernalillo, Dona Ana, Santa Fe and 11 other counties. According to their press release VoterAction, the group who is providing support to the attorneys and the plaintiffs in this case, says:

The plaintiffs allege that the machines are not accessible by disabled voters and violate a state law requirement for voter verifiable paper trail printers, necessary for meaningful audits and recounts. Plaintiffs also submitted substantial evidence that the Sequoia touchscreen voting systems are inaccurate and unreliable, having lost thousands of votes and switched countless others in recent elections.

As a part of their case, plaintiffs submitted the affidavit of Noel Runyan, an expert on the design of disabled access devices. Mr. Runyan, who is blind, gave this harsh assessment:

In my opinion, the Sequoia AVC Edge DRE does not satisfy the disability access requirements of HAVA, as incorporated into New Mexico law. This opinion is based on (1) the Edge's complete lack of any accommodation for persons with severe physical dexterity impairments who are unable to use touchscreens or keypads; (2) the gross inadequacy of the Edge's audio assist feature for persons who are blind or low vision; and (3) the Edge's failure to accommodate elderly voters who have developed severe visual impairments with age but are unfamiliar with and unable to cope with audio-only access technology because they have had normal vision most of their lives. In short, it is my opinion that a large portion of disabled citizens who attempt to cast their votes on Sequoia AVC Edge voting machines will be unable to do so.

The work done by these attorneys has already begun to reap benefits outside of the state of New Mexico as attorneys in other states have begun asking for advice and assistance. VoterAction has a copy of the filing and all attached exhibits posted on their website.