May 2, 2004
RIVERSIDE, CA--Secretary of State Kevin Shelley decertified all touch-screen voting systems in 10 California counties, according to a story in The Press-Enterprise.
"I am decertifying all touch-screen voting systems until special security measures are in place to safeguard the vote," Shelley said. "My actions today will not please everybody."
The order immediately prevents 14 counties from using their electronic systems. Ten counties including Riverside and San Bernardino can recertify if they meet 23 security measures. Riverside and San Bernardino counties both use machines from Sequoia Voting Systems. Four counties had their Diebold system completely banned.
Registrars must go through an extensive process "before I will recertify or even consider recertifying those machines," Shelley said at a Sacramento news conference Friday.
Shelley's decision followed the state Voting Systems and Procedures Panel's recommendation that counties such be allowed to use their systems in November provided they meet certain conditions.
Previously Shelley had set a July 2006 deadline for all touch-screen machines to have a voter-verified paper trail. Shelley said it's unlikely the federal government will have any such system qualified in time for the November ballot, so counties will need to comply with his 23 security measures if they want their systems recertified.
According to the story, Riverside County has used the machines since 2000. Registrar Mischelle Townsend called Shelley's decree "totally unjustified."
"Here you have Riverside County, which has conducted 29 successful elections over the past four years. There is nothing in our history to warrant this kind of overreaction," she said. Townsend said it would be impossible for the county to install a paper-audit system that could be federally qualified and state certified in time for the November election.
Townsend hinted at a possible court challenge, saying she will meet with the board of supervisors and county counsel to "explore every available option to protect this process." Townsend also said she will meet with other registrars to determine how they'll respond, saying Shelley has left them no choice.
Shelley said the companies that made the voting systems should pay the costs. Townsend estimated this week that the cost of printing enough paper ballots for all polling places would cost Riverside County $1 million.
Sequoia Voting Systems spokesman Alfie Charles said Friday his company will not pay.
"For the state to say that election-systems suppliers need to purchase paper ballots is bizarre," he said in a phone interview. "It's completely outside the scope of any contracts we have ... in the state."
Sequoia has provided a voting system that is federally qualified and state certified and already is doing many of the things Shelley laid out in his list of 23 security measures, such as not transmitting its results via modem, Charles said.
However, critics of Riverside County's system welcomed Shelley's directives. "I think it's important the whole story is told," said Brian Floyd, who last week testified before the state panel. Floyd managed the campaign of Linda Soubirous, who is challenging results from Riverside County's March election.
Soubirous lost to incumbent Supervisor Bob Buster and called for a recount, issuing 44 demands for logs, notes, tapes and other information related to Riverside County's machines. Floyd also has accused the county of lax security in its vote-tabulation room.