NEDC LEGAL ACTIONS CHALLENGING THE USE OF INSECURE VOTING MACHINES
NEDC V. BOOCKVAR: LEGAL CHALLENGE TO THE INSECURE EXPRESSVOTE XL VOTING MACHINE IN PENNSYLVANIA
The National Election Defense Coalition has filed a lawsuit in Pennsylvania state court challenging the use of the insecure, unreliable ExpressVote XL voting machines.
The lawsuit was filed against Secretary of the Commonwealth Kathy Boockvar with the pro bono assistance of the law firm Baker Hostetler LLP. It argues that the ExpressVote XL does not meet legal requirements for voting machines under the Pennsylvania Election Code, and use of it violates voting rights under the Pennsylvania Constitution. Our lawsuit seeks an order to the Secretary to decertify the ExpressVote XL.
The machines were used in the November 2019 election in Philadelphia and Northampton Counties where they caused severe problems.
In the News:
Some voting security groups want Northampton County voting machines gone after November malfunction
WFMZ (Jan. 14, 2020)
Voting security advocates seek to block use of Northampton County’s machines
Morning Call (Jan. 13, 2020)
Lawsuit seeks to force Pennsylvania to scrap these electronic voting machines over hacking fear
Washington Post (Dec. 13, 2019)
A Pennsylvania County’s Election Day Nightmare Underscores Voting Machine Concerns
New York Times (Nov. 30, 2019)
Citing election security, advocates seek to force Pa. to reexamine new voting machines
Philadelphia Inquirer (July 17, 2019)
CHALLENGING INSECURE VOTING MACHINES IN SOUTH CAROLINA CASE: HEINDEL V. ANDINO
The National Election Defense Coalition and experts in computer science from around the country are friends of the court in a case concerning the security of election technology in South Carolina. We argued that the state’s use of iVotronic direct-recording electronic voting machines is disenfranchising citizens through software errors and remains susceptible to hacking by domestic and foreign actors. After the appeal was fully briefed, South Carolina’s State Election Commission announced that it had entered a contract to purchase new voting machines that would replace the iVotronic machines statewide. The new systems have been delivered (and the iVotronic machines removed) in most of the state, and the rollout is on track to be complete before 2020.
Update: In July 2019, after the appeal was fully briefed, South Carolina’s State Election Commission announced that it had entered a contract to purchase new voting machines that would replace the iVotronic machines statewide. By October 2019, the new systems had been delivered (and the iVotronic machines removed) in most of the state, including the counties in which the plaintiffs vote, and the rollout is on track to be complete statewide before 2020. Consequently, the plaintiffs agreed to dismiss their lawsuit.
CHALLENGING INSECURE VOTING MACHINES IN TENNESSEE: SAVE V. HARGETT
The National Election Defense Coalition and experts in computer science from around the country are friends of the court in a case concerning the security of election technology in Shelby County, Tennessee (the state’s largest). We argue that the county’s use of AccuVote TSx direct-recording electronic voting machines is disenfranchising citizens through software errors and remains susceptible to hacking by domestic and foreign actors.
COMMENT SUBMITTED TO THE U.S. ELECTION ASSISTANCE COMMISSION
National Election Defense Coalition (NEDC) and Free Speech For People submitted a public comment to the U.S. Election Assistance Commission regarding the Commission’s proposed new voting system guidelines. The Commission’s past practice has been that, after guidelines have been updated, voting machine vendors can still certify their machines against the older guidelines. Our comment asks the Commission to ensure that the older guidelines are retired for good.
COMMENT HIGHLIGHTING MAJOR FLAWS IN LOS ANGELES COUNTY VOTING SYSTEM
National Election Defense Coalition and Free Speech For People submitted public comments to California Secretary of State Alex Padilla, regarding the proposed certification of Los Angeles county’s Voting Solutions for All People 2.0 (VSAP) election system. The joint letter addresses the system’s non-compliance with California Voting System Standards, and flaws that bring the VSAP’s security and reliability into question.
CHALLENGING FALSE ADVERTISING BY VOTING MACHINE VENDORS
The National Election Defense Coalition is calling on the U.S. Election Assistance Commission to investigate ES&S, one of the nation’s largest manufacturers of electronic voting machines, for falsely advertising that a key component of its voting system has passed federal certification. ES&S is claiming its DS200 ballot scanners with wireless modems are federally certified when they are not. Our letter asks the Commission to investigate ES&S’s false marketing, require substantive corrective action, and subject ES&S to rigorous ongoing overview.