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Judge Won't Bar Use Of Electronic Voting Machines

Voters' Lawsuit Claims Machines Can Be Easily Manipulated

POSTED: 9:37 am MDT September 22, 2006
UPDATED: 6:43 pm MDT September 22, 2006

A judge cleared the way Friday for electronic voting machines to be used in the November election, though he chastised state officials for botching some of the steps that needed to be taken to make sure the devices can't be tampered with.

Denver District Judge Lawrence Manzanares said the secretary of state's office had violated state law by failing to come up with minimum security standards for the machines, many of which will be used in Colorado's most populous counties. He said the office had done an "abysmal" job in testing the machines.

However, Manzanares said he would not bar the use of the machines with the election just six weeks away and county clerks warning that they might not be able to print enough paper ballots in time. A lawsuit filed by a handful of voters had claimed the machines were not secure, suggesting the accuracy of election results in jeopardy.

"The risks of decertifying them are greater than the risks of not using them," Manzanares said. He said election workers don't have time to come up with a new plan for voters and overhauling the current system might lead to chaos.

Still, the judge said the secretary of state will have to come up with new security guidelines for the voting machines by the next election, after the upcoming Nov. 7 election.

The lawsuit, filed by 13 voters, sought to have four types of the machines barred from use.

Attorneys for the plaintiffs argued the machines can be easily manipulated to switch people's votes, that state officials didn't take adequate steps to test or secure the machines, and that the state was under pressure from county clerks to approve the machines quickly. They also argued they are not easily accessible to voters with disabilities and were susceptible to breakdowns.

The judge said Friday that the machines can be used but the counties should beef up security at polling places.

"My reaction to the judge's ruling is I'm disappointed he's going to allow the machines to be used in the election but I'm not at all surprised by that because of the timing of this and the practical considerations. But I think this is a huge win for the voters of Colorado. The judge has said that the most fundamental aspect of the certification of these machines was not complied with. He found that (the secretary of state) didn't do a scientific evaluation of the machines," said Paul Hultin, the attorney for the plaintiffs.

Lawyers for the secretary of state's office said the machines have been approved by independent laboratories endorsed by the government and were reviewed according to state law. They also said the machines will print receipt-like paper ballots that can be used in case of a recount or audit.

"The judge focused on the testing requirements and I think we can try to do a better job on some of the standards that we've adopted. So that's what we're going to be looking at right now. We wanted to do that anyway," said Bill Hobbs, deputy secretary of state.

Manzanares said that just because secretary of state didn't set minimum standards for testing doesn't mean that the machines are vulnerable electoral fraud.

"Colorado voters should not be concerned about the security of the November election," said Secretary of State Gigi Dennis in a public release. "We are fortunate to have a team of county clerks who take their job of providing fair, open, and secure elections very seriously. We are pleased the judge recognized the need to keep this year's election moving forward and we will work toward improving our rules and standards in this area."

Six large counties plan to use only the electronic voting machines in November: Arapahoe, Denver, Douglas, Jefferson, Mesa and Weld. The machines were used in many of these counties during the August primary.


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