August 16, 2005

Attorney threatens election officials over use of AutoMARK voting system

An attorney has sent letters to local election officials in California warning them not to purchase the ES&S AutoMARK voting system, asserting that it does not comply with the accessibility requirements of HAVA. The California Secretary of State certifed the AutoMARK for use in California on August 3, 2005. The system was federally qualified on June 22, 2005.

John McDermott, an attorney with the Los Angeles firm of Howrey Simon Arnold & White, argues that HAVA requires that voting sytems allow all voters with disabilities to cast their ballots "in a private and independent manner." He claims that the AutoMARK system does not meet this requirement for voters with "manual dexterity issues." You can find a copy of the letter here.

Last year Mr. McDermott made similar arguments in unsuccessfully challenging the Secretary of State's DRE decertification orders, and the letter indicates that the Secretary of State rejected his arguments in certifying the system. Mr. McDermott's absolutest view of HAVA also appear at odds with an opinion from the United States Department of Justice interpreting the accessibility provisions of HAVA.

Interestingly, Mr. McDermott's letter does not disclose whether he is writing on behalf of an individual, an organization or another voting system vendor.

Posted by Randy Riddle at August 16, 2005 09:27 AM