Monday, November 14, 2005
Company seeks clarity on voting machine rules
By Mark Binker, Staff Writer
RALEIGH — Attorneys for a voting machine manufacturer have asked a state court to narrow a key provision in the rules governing those bidding on the chance to sell equipment to local elections boards .
“The concern was that we were being asked to provide something that was impossible to provide,” said Douglas Hanna, a lawyer at Womble Carlyle Sandridge & Rice working for manufacturer Diebold.
The company is trying to clarify the law rather than have a showdown with the state, Hanna said. But watchdogs who track problems related to voting machines say they are worried that if Diebold gets what it wants, the court will weaken North Carolina’s ability to dissect problems after an election mishap.
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Under those new rules, the state is seeking firms that produce machines meeting certain requirements — such as that computer scientists may examine them to make sure they work as expected.
The state will choose one or more companies from whom local elections boards can buy equipment. Under state rules, companies holding that contract must place “all software that is relevant to functionality, setup, configuration and operation of the voting system” in safekeeping so it may be examined should something go wrong. Diebold argues that the requirement is too broad.
According to Hanna, the company’s software runs using Microsoft’s Windows operating system . Diebold is worried state rules would require it to submit information related to Windows, something the company can’t legally do.
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Voting machine watchdogs are concerned that if Diebold is exempt from submitting the Windows code, it will set a dangerous precedent.
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If the state exempts third-party software from disclosure, voting machine vendors might be able to broker license agreements with other companies that allow them to exempt certain pieces of software from the safekeeping requirements, potentially hiding flaws from elections officials.
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