Judge dismisses voting machine software lawsuit

Nov 6, 2012

A judge has rejected claims in an 11th hour lawsuit that alleges new software used in voting equipment in some Ohio counties could be used to alter ballots after they're cast. 

 Voting rights activist Bob Fitrakis, a Green party candidate for Congress for the Columbus-area 3rd district filed the suit Monday afternoon.  In court filings, Fitrakis said there was an "imminent risk" that people unsupervised by the secretary of state or local boards of elections could alter the votes.  Matt McClelland, a spokesperson for the secretary of state, called the charges "ridiculous" and said that the software patch that was installed is a "reporting tool" intended to speed tabulating results.  Federal Judge Gregory Frost ruled that Fitrakis had presented only theories and opinions that the software might cause voting irregularities, and had zero chances of succeeding if the case went to trial.  Fitrakis and his attorney had wanted Frost to order Secretary of State Jon Husted to stop using the software and break the state's contract with Omaha, Nebraska based Election Systems & Software