On Tuesday, the nonprofit group Voter Action filed a lawsuit against California's Secretary of State Bruce McPherson as well as 18 counties for certifying and using voting equipment made by Diebold. The lead attorney on the lawsuit is Lowell Finley, who previously brought a successful case against Diebold on behalf of Bev Harris and Jim March of Black Box Voting. That case was joined by California Attorney General Bill Lockyer and Alameda County, and settled out of court for $2.6 million. (See my November 11, 2004 blog entry for details on the settlement).
Given Mr. Finley's track record, it's worthwhile to pay attention to his claims, which include that the equipment in question, the Diebold TSX electronic voting machine (with voter-verified paper audit trail printer) does not adequately meet the needs of disabled voters, nor does it meet the current, 2002 federal voting system standards, which prohibit the use of interpreted code in voting equipment software.
Other compelling claims include one that the voter-verified paper record produced by the the TSx cannot fulfill the demands of California's one percent manual count law, which is designed to publicly verify the accuracy of software vote counts, and another that counties are circumventing the one percent rule by omitting absentee and early-voting ballots in the manual count. Voter Action has provided the legal documents filed today on its web site. See this AP story by David Kravets for more details.
