Verified Voting Litigation This web page summarizes litigation on the verified voting issue, including requirements for a voter-verifiable paper audit trail. The Verified Voting Foundation brings you this information in partnership with the Electronic Frontier Foundation, which is coordinating verified voting litigation nationwide. If you have updates or corrections on verified voting litigation, please let us know. Thank you!

California American Association of People with Disabilities v. Secretary of State Kevin Shelley Federal case under the Americans with Disabilities Act as well as state law requiring accessible voting  machines to the maximum extent feasible in the November, 2004 elections, Declaring invalid both the California Elections Code provision that requires accessible voting only after funds to pay for it have been received by counties and the Secretary of State's Shelley's November 21, 2003 directive requiring voter verified paper ballots by 2006.

Media coverage:

• Costly Lack of Leadership, Shawn Casey O’Brien, July 15, 2004, http://www.verifiedvoting.org/article.asp?id=2599
• 2 Counties, State Reach a Deal on E-Vote Machines, Los Angeles Times, July 14, 2004, http://www.verifiedvoting.org/article.asp?id=2601
• U.S. district judge refuses to lift state ban on electronic voting, Associated Press via Monterey Herald, July 1, 2004, http://www.verifiedvoting.org/article.asp?id=2449
• County to join lawsuit in defense of electronic voting, County of San Bernardino, May 25, 2004, http://www.verifiedvoting.org/article.asp?id=2600
• Board sticks with e-votes, Press-Enterprise, May 12, 2004, http://www.verifiedvoting.org/article.asp?id=2077
• S.B. County to Defy Vote System Ban, Los Angeles Times, May 12, 2004, http://www.verifiedvoting.org/article.asp?id=2076
• Missing Article Title, Los Angeles Times, May 5, 2004, http://www.latimes.com/technology/la-me-machines5may05,1,1569551.story?coll=la-headlines-technology

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.

Media coverage:

• Critics Sue Electronic Voting Company, Associated Press via Yahoo! News, July 11, 2004, http://www.verifiedvoting.org/article.asp?id=2512

A former California political candidate who lost the March 2004 race for Riverside County Board of Supervisors by only 45 votes joined with VerifiedVoting.org and a bipartisan pair of voters to file a lawsuit on July 16, 2004, against the county and Registrar Mischelle Townsend after she was denied access to the memory and audit logs of the electronic voting systems used during the election.

Legal documents: http://www.verifiedvoting.org/legal/california/soubirous-v-countyofriverside/

Media coverage:

• Riverside County Sued Over E-Voting, Los Angeles Times, July 17, 2004, http://www.verifiedvoting.org/article.asp?id=2604
• E-voting faces suit by failed candidate, The Press-Enterprise, July 16, 2004, http://www.verifiedvoting.org/article.asp?id=2605
• Primary candidate sues county over recount, North County Times, July 16, 2004, http://www.verifiedvoting.org/article.asp?id=2603
• California Recount Case to Consider E-Voting Audit Trail, IPR via Magic City, July 16, 2004, http://www.verifiedvoting.org/article.asp?id=2587
• E-Voting Suit Highlights Legal Lag, InternetNews.com, July 16, 2004, http://www.verifiedvoting.org/article.asp?id=2594
• E-voting debate heats up in California, ComputerWorld, July 16, 2004, http://www.verifiedvoting.org/article.asp?id=2586
• California Recount Case to Consider E-Voting Audit Trail, VerifiedVoting.org, July 16, 2004, http://www.verifiedvoting.org/media/releases/article.asp?id=2514
• Down for the Count, Los Angeles City Beat, June 24, 2004, http://www.verifiedvoting.org/article.asp?id=2593

Florida ACLU Florida v. Florida Department of State The ACLU of Florida and other groups filed a lawsuit July 7, 2004, to overturn a Florida Department of State rule prohibiting manual recounts of elections conducted using touchscreen voting machines. Legal documents: http://www.verifiedvoting.org/legal/florida/aclufl-v-floridados/

Media coverage:

• Suit targets Florida's ballot-recount rules, Reuters via CNETNews.com, July 7, 2004, http://www.verifiedvoting.org/article.asp?id=2595
  
• Election 2004: Officials concerned about a shortage of paper votes, Naples Daily News, July 7, 2004, http://www.verifiedvoting.org/article.asp?id=2459

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.

Legal documents: http://www.verifiedvoting.org/legal/florida/wexler-v-lepore/

Media coverage:

• Touch-Screen Voting Lawsuit Argued in Court, South Florida Sun-Sentinel, May 11, 2004, http://www.verifiedvoting.org/article.asp?id=2596

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.

Legal documents: http://www.verifiedvoting.org/legal/florida/wexler-v-lepore/

Media coverage:

• On paper, Wexler's going to win, Palm Beach Post, May 26, 2004, http://www.verifiedvoting.org/article.asp?id=2220
• Voting Printer Lawsuit Rejected, South Florida Sun-Sentinel, May 25, 2004, http://www.verifiedvoting.org/article.asp?id=2597
• 2nd Wexler voting challenge thrown out, Palm Beach Post, May 25, 2004, http://www.verifiedvoting.org/article.asp?id=2181
• Judge rejects suit requiring paper receipts, Miami Herald, May 25, 2004, http://www.verifiedvoting.org/article.asp?id=2182
• Voting-receipt suit dismissed, Tallahassee Democrat, May 25, 2004, http://www.verifiedvoting.org/article.asp?id=2185
• Article Title Unknown, Reuters, May 24, 2004, http://www.reuters.com/newsArticle.jhtml?type=politicsNews&storyID=5241008
• Federal judge rejects Rep. Wexler's touch-screen printer lawsuit, South Florida Sun-Sentinel, May 24, 2004, http://www.verifiedvoting.org/article.asp?id=2180
• Congressman's suit seeking touchscreen voting printouts dismissed, Associated Press via The Ledger, May 24, 2004, http://www.verifiedvoting.org/article.asp?id=2177
• Touch-Screen Voting Lawsuit Argued in Court, South Florida Sun-Sentinel, May 11, 2004, http://www.verifiedvoting.org/article.asp?id=2596
• The vexations of voting machines, CNN, April 26, 2004, http://www.verifiedvoting.org/article.asp?id=2602

Name Unknown

Disability-related case in Duval County with $2 million awarded in attorneys fees.

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.

Legal documents: http://www.verifiedvoting.org/legal/maryland/schade-v-maryland-state-board-of-elections/

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

Ohio Name Unknown 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

Name Unknown

ACLU planning to file case based on argument that punch cards do not serve communities of various races equally.

Media coverage:

http://www.mercurynews.com/mld/mercurynews/news/politics/9109906.htm

Name Unknown

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:

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 Updates

If you have updates or corrections on verified voting litgation, please let us know.