After a hearing on Friday, Delaware County Common Pleas Judge John J. Whelan dismissed a lawsuit over voting machines brought by a Republican congressional candidate and others.
Alfeia Goodwin is challenging three-term Democratic incumbent Rep. Mary Gay Scanlon.
“The judge’s decision was anticipated, and we’re appealing,” Goodwin told DVJournal.
The suit claimed the 18 Hart Verity voting machines in question should be quarantined and the FBI should be called in to investigate who installed the rogue software, the lawsuit says. Also, the county’s other 838 machines should be tested to see if they have the same issues.
Goodwin’s co-plaintiff, Robert Mancini, a computer cyber-security expert, said MathNET Numerics Dll, a program not authorized by state or federal elections officials, was found on the machines. He warned the county council about the MathNET program at its April 17 meeting before the state primary. The county took no action to remove it, he said.
The county welcomed the court’s decision, according to a press release.
“The court’s ruling, issued after a thorough five-hour hearing, confirmed that the Bureau of Elections and Voting Machine Warehouse had fully complied with regulations and conducted additional testing that exceeded state requirements,” county officials said.
At the close of the hearing, Whelan said the county’s performance of testing beyond what the state requires weighed in the ruling. He stated the evidence suggests Delaware County voters should feel confident in their election systems.
“This decision confirms what we have said all along: our voting equipment is secure, reliable, and compliant with both federal and state standards,” said Delaware County Elections Director Jim Allen. “The thoroughness of our Logic and Accuracy testing demonstrates our commitment to fair elections. We encourage voters to participate in the upcoming election with full confidence that every vote will be counted accurately and transparently.”
He called the claims made in the lawsuit “baseless.”
“The county’s Logic and Accuracy testing—a vital component of election preparation—ensures that all voting machines function correctly and match the certified software. In addition to pre-election testing, the county conducts a test to verify that the software in use perfectly matches the software that was certified by the federal government. The election offices also perform post-election audits and recounts, including hand recounts, to further verify the accuracy and reliability of election results.
The lawsuit sought emergency relief, claiming improper software had been installed on the county’s voting machines. However, the plaintiffs failed to provide evidence of these claims, county officials said.
Mancini said, “Judge Whelan does not understand that software not verified by the EAC is not allowed on Electronic Voting Systems. Defendant Delaware County successfully conflated the difference between loading software and validating that the software matches the original build that was tested in an accredited lab by the Election Assistance Commission.
“The judge ruled that non-technical people can make a technical decision,” he added. “Not a single witness knew what the output a ‘trusted build validation’ or what a hash code is ! The judge allowed software that has not been tested, verified and validated on the scanner, a software package that is designed specifically to manipulate date because it was too much work to count the ballot by hand.”
