Federal Litigation
We are not aware of any federal verified voting litigation at this time.
State Litigation
Here is a list of state litigation in favor of and against verified voting.
Litigation in Favor of Verified Voting
Claim filed by voters in California state court against Diebold, the Secretary of State and local election officials based upon California state election law for an injunction preventing Diebold from installing uncertified voting systems and requiring security safeguards as set forth in the RABA report (Adobe PDF format) as well as long-term additional security measures. The Judge denied a temporary restraining order request prior to the March, 2004 primary election but the case is ongoing.
Florida
Wexler v. Lepore (state)
Filed by voters and candidates in state court based upon the Florida Constitution and state election law, dismissed for lack of standing, and now on expedited appeal in the Florida 4th District Court of Appeal.
Media coverage:
http://www.sun-sentinel.com/news/local/palmbeach/sfl-pwexler11may11,0,916728.story?coll=sfla-news-palm
Legal documents:
http://www.verifiedvoting.org/legal/florida/wexler-v-lepore/
Wexler v. Lepore (federal)
Federal case filed by voters and candidates in federal court arising under both federal and state law to resolve unequal treatment of voters in 15 Florida DRE counties with with no recount capability vis-a-vis 2000 U.S. Supreme Court Bush v. Gore doctrine, dismissed in favor of state court proceedings on May 24, 2004.
Media coverage:
http://www.sun-sentinel.com/news/local/southflorida/sfl-pwexler25may25,0,6610334.story?coll=sfla-home-headlines
http://www.palmbeachpost.com/localnews/content/auto/epaper/editions/tuesday/south_county_042bebd7011c015d0045.html
http://www.miami.com/mld/miamiherald/8751575.htm
http://www.tallahassee.com/mld/tallahassee/news/local/8751631.htm
http://www.reuters.com/newsArticle.jhtml?type=politicsNews&storyID=5241008
http://www.sun-sentinel.com/news/local/southflorida/sfl-524wexler,0,5123721.story?coll=sfla-home-headlines
http://www.sun-sentinel.com/news/local/palmbeach/sfl-pwexler11may11,0,916728.story?coll=sfla-news-palm
http://www.cnn.com/2004/ALLPOLITICS/04/26/votingmachines.tm/
Legal documents:
http://www.verifiedvoting.org/legal/florida/wexler-v-lepore/
Maryland
Linda Schade et al v. Maryland State Board of Elections and Linda Lamone
Maryland voters filed this case in state court on Wednesday, April 21, 2004, to decertify Diebold touch-screen voting machines and require that the machines not be used until they comply with the RABA report and other security measures.
Media coverage:
http://www.cnn.com/2004/ALLPOLITICS/04/26/votingmachines.tm/
http://www.baltimoresun.com/news/elections/bal-vote0421,0,488636.story?coll=bal-home-headlines
Legal documents:
http://www.verifiedvoting.org/legal/maryland/schade-v-maryland-state-board-of-elections/
Ohio
The Ohio legislature passed a law that requires that ALL DREs in Ohio have a voter-verified paper audit trail (V-VPAT) by January 2006. Citizens' Alliance for Secure Elections is planning to file a lawsuit to stop the purchase of any DREs in 2004 that do not have a V-VPAT.
Litigation fund:
Hosted by the the Electronic Frontier Foundation (EFF), you can donate to support the litigation online at: https://secure.eff.org/step2.asp?action=Donate&otherAmount= and make sure to specify "Ohio E-Voting Litigation" in the "why you are joining EFF" comment box (or by sending a check to EFF, Check Memo: Ohio E-Voting Litigation, 454 Shotwell Street, San Francisco, CA, 94110, USA).Pennsylvania
Landes v. Tartaglione et al.
Journalist Lynn Landes announced a lawsuit July 2, 2004, challenging the use of voting machines and absentee voting in elections for political office.
Media coverage:
http://biz.yahoo.com/prnews/040701/phth015_1.html
Litigation Against Verified Voting
California
American Association of People with Disabilities v. Secretary of State Kevin Shelley
Florida
Similar disability-related case in Duval County with $2 million awarded in attorneys fees.
Ohio
Disability-related case in which National Federation for the Blind filed for dismissal on June 11, 2004.
Media coverage:
http://www.ohio.com/mld/beaconjournal/news/state/8903381.htm?1c
http://www.lancastereaglegazette.com/news/stories/20040615/localnews/647659.html
Litigation Updates
If you have updates or corrections on verified voting litgation, please let us know.