Lawsuits Target Accuracy of Voting Systems

Two class-action lawsuits aimed at reforming voting procedures used in future elections were filed Tuesday challenging the longtime use of punch-card voting systems with prescored cards, commonly known as “Votomatic” systems.

One of the lawsuits, filed in Tallahassee, Fla., on behalf of the state’s voters, challenges approval of the Votomatic system by Florida Secretary of State Katherine Harris and the use of the system by 15 Florida counties.

The suit alleges that the Votomatic has serious, inherent defects that render it unable to count votes accurately and that its use therefore deprives Floridians of equal voting rights under the U.S. and Florida constitutions.

It further alleges past failure to comply with Florida state law requiring voting equipment to count votes accurately.

In the second suit, filed in St. Clair, Ill., voters in 28 states that use Votomatic systems have named as defendants the companies that sell products and services necessary for ongoing use of the Votomatic.

Voters allege that these companies sell and market Votomatic products and services while failing to provide notice of serious defects in the Votomatic system that render it unable to count votes accurately.

“It has been known for at least 30 years that the Votomatic is inherently defective and unable to count votes accurately,” said Washington attorney Matthew F. Pawa, a prominent class-action lawyer. “There is no excuse for its continued use.”

A representative of Votomatic declined comment pending review of the lawsuit but said that the system has been used reliably for many years. Florida officials were not immediately available for comment.

Joining Pawa’s firm in the actions was the Cincinnati law firm of Waite, Schneider, Bayless & Chesley, which also specializes in class-action work. Both suits are being handled on a pro bono basis.