In a 153-page order last week, Totenberg ordered the state to stop using its outdated system after the end of this year, calling it “antiquated, seriously flawed, and vulnerable to failure, breach, contamination, and attack.”
The petition and the amended lawsuit both take issue with the fact that while the paper record printed by the new voting machines includes a human-readable summary of the voter’s selections, the scanner tallies the votes based on a machine-readable code. Voters can’t be sure that the code on the paper accurately reflects their selections, and meaningful audits can’t be done, they argue.
The law Gov. Brian Kemp signed in April says “electronic ballot markers shall produce paper ballots which are marked with the elector’s choices in a format readable by the elector.” That means the new machines do not comply with the state election code, the petition and amended complaint say.
Also, the new system isn’t much safer than the system Totenberg ordered the state to stop using, the amended lawsuit says. Vulnerabilities could cause the machines to print codes that don’t match a voter’s selections, or could cause a scanner to improperly tabulate votes, it says.
By choosing to move forward with the Dominion system, the amended lawsuit says, state officials “willfully and negligently abrogated their statutory duties and abused their discretion, subjecting voters to cast votes on an illegal and unreliable system — a system that must be presumed to be compromised and incapable of producing verifiable results.”
The petition filed Monday also says Raffensperger improperly certified the Dominion system after failing to designate a certification agent; failing to issue a report prior to certification; using the wrong technical testing standards; failing to certify electronic pollbooks, which are an integrated part of the system; and failing to include security testing.
Another problem the petitioners point to is that Dominion’s system records ballots in chronological order, with timestamps kept on memory cards in encrypted records. Election insiders or hackers with access to decrypted data could use these records to connect a voter with his ballot, violating the requirement for secret ballots, the petition says.
“Voters will no longer tolerate unauditable electronic voting systems in Georgia, and are taking back control of their elections through actions like this petition that officials cannot ignore,” said Marilyn Marks, executive director of the Coalition for Good Governance. The organization was a driving force behind the petition and is a plaintiff in the lawsuit before Totenberg.