EFFector    Vol. 17, No. 17    May 19, 2004          [EMAIL PROTECTED]

A Publication of the Electronic Frontier Foundation  ISSN 1062-9424
In the 290th Issue of EFFector:

  * EFF Argues That California Can Have Secure Voting by November:
    Amicus Brief and White Paper Support Shelley's Plan for Secure,
    Accessible E-Voting
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* EFF Argues That California Can Have Secure Voting by November

Amicus Brief and White Paper Support Shelley's Plan for Secure,
Accessible E-Voting

San Francisco, CA - EFF this week filed an amicus brief in Benavidez
v. Shelley, a lawsuit brought by California's Riverside County and
several disability rights groups against California Secretary of State
Kevin Shelley.  The suit seeks to delay Shelley's order, issued
April 30, that every California voter have the option to cast a
paper ballot in the November presidential election.  In its brief,
EFF, joined by VerifiedVoting.org, the California Voters Foundation,
and VotersUnite!, argues that the court should deny this request.
"There is substantial evidence supporting Shelley's decision,"
said EFF Legal Director Cindy Cohn.  "A long list of incidents
involving electronic voting machines in California and nationwide
shows that Shelley's concerns about security are strongly
justified."

In addition, EFF argues that the lawsuit sets up a false dichotomy
between secure electronic voting machines and ones that provide
access for the disabled to vote in privacy.  Peter Benavidez, a
partly blind man in Los Angeles, initiated the suit because he
believed he wouldn't be able to vote without assistance if the state
de-certified its electronic voting machines.  But this isn't true.
"There is technology available right now that would give the
disabled access while not compromising security," said Cohn.
She added that there is additional evidence showing that many
of the electronic machines already in use aren't more accessible
in practice than ones that produce a paper trail.

The false distinction between accessibility and security in electronic
voting machines is also the subject of an EFF white paper released
this week.  "Accessibility and Auditability in Electronic Voting,"
authored primarily by EFF Activism Coordinator Ren Bucholz,
demonstrates that there are many already-existing technologies
that would give California voters, including the disabled, a
chance to leave a paper trail when they vote in November.  Bucholz
offers several ways for California counties to comply with
Shelley's order, using currently existing technologies, while
also remaining accessible.

"Opponents of Shelley's order imply that the push toward secure,
verifiable elections must pull us away from accessible elections,"
Bucholz said.  "But accessible, federally certified machines
are available today, and more are scheduled for release in the
coming months."

For this release:
<
http://www.eff.org/news/archives/2004_05.php#001537>

EFF amicus brief in Benavidez v. Shelley:
<
http://www.eff.org/cgi/tiny?urlID=194>
(EFF; PDF file)

EFF white paper: "Accessibility and Auditability in Electronic
Voting":
<
http://www.eff.org/e-vote/e-vote_white_paper_20040517.php>


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