On behalf of Ohio voter Jeanne White, EFF intervened in a comprehensive election reform lawsuit brought in 2005 by the League of Women Voters of Ohio. Building upon the issues raised by the League, White's sweeping claims would force the state to rewrite its election procedures and dramatically increase the security of its voting technology. EFF and its litigation partners (law firms Kerger & Associates, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, LLP, and Heller, Ehrman, White and McAuliffe, LLP) are engaged in detailed discovery discussions with the state of Ohio, individual Boards of Election, and voting equipment vendors in an effort to construct a detailed picture of the 2004 election and its aftermath.
Some of the relief sought by the lawsuit includes uniform standards and processes to ensure: The transparency of pre- and post-election procedures, including public audits of ballots and equipment logs, An adequate number of accurately calibrated and functioning voting machines on election day (including pre-election and election day testing), Backup technology plans in the event of equipment or software failure, Robust pollworker and election official training regarding potential technology issues, Sufficient disability access at every polling place, and Proper and prompt addressing of election technology-related complaints.
In short, EFF is fighting for processes and procedures to improve transparency, security and auditability of digital voting technologies in the state. EFF hopes to use this case to set model standards that can be used in other states and local jurisdictions throughout the country.
This is defendants' reply brief in support of their motion for leave to file a supplemental motion to dismiss instanter and motion to stay discovery.
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