-Caveat Lector-

http://www.wired.com/news/politics/0,1283,57831,00.html

Voting Software Firm Gets Sued
02:00 AM Feb. 27, 2003 PT


In a case calling into question the thoroughness of the certification
process for touch-screen voting systems, a former engineer for an election
software company has filed a lawsuit against his ex-employer, claiming
executives ignored his warnings of potential defects.

In the suit, filed in superior court in King County, Washington, software
engineer Dan Spillane claims that his ex-employer, voting software
developer VoteHere, wrongfully fired him after less than seven months on
the job.

The suit claims the termination occurred shortly before Spillane had
planned to meet with officials of the independent testing authority
responsible for certifying voting machines and the U.S. General Accounting
Office. He claims the firing was "clearly in retaliation for
whistleblowing."

Although more than a year and a half has passed since he lost his job,
Spillane said he decided to file the suit because he believed it was
important to disclose potential defects in voting software applications
and in the certification process.

"I didn't feel that just shutting up was, in my opinion, the American
thing to do," he said.

The suit also seeks hundreds of thousands of dollars in monetary damages.
Because of the termination, Spillane claims he lost wages, suffered
emotional distress and has to pay for a degree in a new field, life
sciences, since he no longer wants to work in the software industry after
his experience with VoteHere.

Officials of VoteHere, based in Bellevue, Washington, declined to comment
on the suit, saying it is not the firm's normal practice to discuss
matters regarding former employees or their performance.

However, a company spokesman said the firm is "aware of Mr. Spillane's
filing and believes there is no merit to his claim."

According to David Dill, a Stanford University computer science professor
who is critical of touch-screen voting systems that are currently in use,
Spillane's suit is significant because it could shed some light on the
process by which federal and state election officials certify new
equipment.

"What we're hearing from a lot of different places is that you don't have
to worry about these machines because they're certified at the federal
level and the state level," he said. "But it's difficult to get direct
information about what happens in the certification process."

Dill said he had no opinion, however, on the merits of the specific claims
against VoteHere.

In his lawsuit, Spillane claims that he submitted about 250 defect reports
during his tenure at VoteHere, where he was hired in January 2001 to test
voting applications to ensure they were in compliance with Federal
Election Commission guidelines and industry standards.

One of the defects he cited was a data path flaw that interfered with the
software's ability to correctly transmit votes from the computer screen to
the record log. Other defects affected usability of touch-screen voting
systems, particularly for seniors and people with "limited educational
experience."

Spillane claims he sent his defect reports to his manager, who classified
them as highly important quality-assurance concerns. But he said his
manager's managers then "de-prioritized" the defect reports and did not
attempt to resolve them.

The timing of the lawsuit filing coincides with efforts by advocacy
groups, including a consortium led by Dill that is mainly composed of
computer scientists, to improve the transparency of computer-tabulated
election results.

The chief complaint from many computer scientists is that the touch-screen
voting systems now used in many U.S. elections do not provide a verifiable
audit trail. They say voters have no way of knowing whether the vote they
enter on the screen is accurately recorded in the computer's memory.

To solve this problem, many computer scientists, including Dill, want
computerized voting systems to provide a paper printout that voters could
see, and that would count as the official ballot in the event of a
recount.

Although no municipality is using such a system in the United States yet,
the state of California recently created a task force to examine the issue
of voter-verified election results.

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