An archive of cases and documents relevant to EFF's work in E-voting.
Wexler v. Lepore
Federal case filed by voters and candidates in federal court arising
under both federal and state law to resolve unequal treatment of
voters in 15 Florida DRE counties with with no recount capability
vis-a-vis 2000 U.S. Supreme Court Bush v. Gore doctrine, dismissed in
favor of state court proceedings on May 24, 2004.
ACLU v. Connor (Texas)
EFF and the ACLU brought this case against Texas voting technology examiners who failed to hold e-voting certification meetings according the Texas Open Meetings Act. Previously, examiners met with vendors in private and did not allow the public to witness or participate in the examination. In February, the district court granted a temporary injunction, guaranteeing at least in the short term that the public would have an opportunity to directly question vendors and examiners.
Gusciora, et al., v. Codey, et al. (New Jersey)
Case referred by EFF to the Rutgers Constitutional Litigation Clinic that challenges the use of paperless DREs in New Jersey based on the New Jersey Constitution and election laws. Originally sought to stop the use of DREs in the November 2004 election, but the effort to seek long-term relief continues.
Soubirous v. Riverside County (California)
Linda Soubirous, a Republican candidate for the Riverside County Board of Supervisors, brought a suit against the county when election officials refused to examine redundant memories, audit data, and other DRE data as part of its recount process. Soubirous lost an originally vote tally by 45 votes. The case is currently on appeal. EFF found counsel for the Plaintiffs and currently serves as the financial sponsor for VerifiedVoting.org for purposes of the case.
Opening Brief [PDF, 4.82M]
- Plaintiff's Verified Petition for Writ of Supersedeas October 6, 2004 [PDF, 4.5M]
- Superior Court Decision September 22, 2004 [PDF, 156K]
- Plaintiff's Reply of P&A's In Support of Writ of Mandate Sept. 3, 2004 [PDF, 1.9M]
- Plaintiff's P&As in Opposition to Amended Demurrer August 27, 2004 [PDF, 140K]
- Plaintiff's Verified Petition for Writ of Mandate July 16, 2004 [PDF, 4.1M]
Americans for Safe Access v. County of Alameda
Measure R, a local ballot measure that would have altered the regulatory structure of local medical marijuana rules and changed cannabis possession limits, was defeated in November 2004 by less than 200 votes. Plaintiffs sought to examine redundant memories, audit data, and other DRE data as part of its recount process. After Defendants refused, Plaintiffs filed suit. EFF found lead counsel for plaintiffs and serves as advisors on the case.
Order on Petition for Writ of Mandate April 19,
2005 [PDF, 160K]
- Reply Memorandum In Support of Motion for Issuance of Peremptory Writ March 8, 2005 [PDF, 104K]
- Opposition to Demurrer February 28, 2005 [PDF, 131K]
- Plaintiff's P&A's in Support of Peremptory Writ of Mandate Feb. 17, 2005 [PDF, 1.8M]
- Demurrer to Writ of Mandate February 5, 2005 [PDF, 108K]
- Plaintiff's Verified Petition for Writ of Mandate December 30, 2004 [PDF, 1.7M]
Schade v. Maryland State Board of Elections
Maryland voters filed this case in state court in April 2004 to decertify Diebold touchscreen voting machines and require that the machines not be used until they comply with various security measures.
- Circuit Court Order
[PDF, 1.4M] February 22, 2005
- Preliminary Court Transcript [PDF 452k] August 25, 2004
- Preliminary Court Transcript [PDF 530k] August 26, 2004
- Preliminary Court Transcript [PDF 393k] August 27, 2004
- Court Order Denying Appellant's Appeal [PDF 38k] September 14, 2004
- Motion for Leave to File Amicus Brief [PDF 3.4M] September 9, 2004
- Memorandum Opinion [PDF 347k] September 1, 2004
- Amicus Brief to the Maryland Court of Appeals [PDF 2.8M] August 9, 2004
- Amicus Brief filed by the Electronic Frontier Foundation, the Verified Voting Foundation and Voters Unite! [PDF 307k]
- Recommendation of the Election System Evaluation Committee Against DREs [PDF 91k] October 2001
Diebold Censorship Case
- Online Policy Group v. Diebold Case Archive
Diebold Inc. has been sending out cease-and-desist letters to Internet Service Providers after internal documents indicating flaws in their systems were published online. EFF and the Center for Internet and Society Cyberlaw Clinic at Stanford Law School are fighting back.
Benavidez v. Shelley
- Order Denying Plaintiff's Application for Temporary Restraining Order, July 6, 2004 [PDF 961k]
- Amicus Brief filed by the Electronic Frontier Foundation, the California Voter Foundation, the Verified Voting Foundation and Voters Unite!, May 18, 2004 [PDF 53k]
- Motion for Leave, May 18, 2004 [PDF 12k]
- Surreply Amicus Brief, June 21, 2004 [PDF 31k]
- Kevin Shelley's Surreply Brief, June 21, 2004 [PDF 4.2M]
New Orleans, Nov. 2, 2004
Based upon problems with DREs in New Orleans, we helped file a lawsuit. EFF's tech attorneys stationed in New Orleans were instrumental in this effort, working in coalition with our Election Protection partners.
Activism and Voter Protection Work
USENIX Security 2004
Technical session by EFF Legal Director Cindy Cohn: "I Voted? How the Law Increasingly Restricts Independent Security Research," August 11, 2004
EFF's Election Day Press Conference