The lawsuit against Ohio’s elections chief and Omaha, Neb.-based Election Systems and Software asks the judge to order Ohio not to use ES&S hardware or software Tuesday and to break state contracts with ES&S for equipment to be used this year.
Not using the software would require election boards “to develop, communicate, and implement a new policy and procedures for collecting and reporting the votes in the middle of an election,” state attorneys said.
The software was installed on ES&S machines at election boards in 25 of Ohio’s most populous counties. The software is not on voting machines themselves, but on equipment that tabulates vote totals.
An election board official would use a flash drive to move results from one machine to a second that transmits the data to the Secretary of State’s office, according to testimony at a hearing Tuesday before federal judge Gregory Frost.
Ohio had no reason to place the software on county election board equipment, but should have placed it on state equipment only,…
A “back door” in ES&S software and hardware creates “an imminent risk” that people not supervised by election boards could “alter the recording and tabulation of votes cast by Ohio voters in the General Election,” according to the lawsuit, filed Monday on behalf of Bob Fitrakis, a longtime Ohio elections activist.
Cliff Arnebeck, a Columbus lawyer who filed the lawsuit, proposed a compromise whereby election officials would hand count some results to make sure they hadn’t been altered.
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