Lemon Law Attorney

Citing problems in last week’s primary election, two leading senators Thursday asked the secretary of state to decertify the use of touch-screen voting systems for the upcoming November election.

“California has a lemon law which protects consumers if they buy an automobile that doesn’t work. So far, electronic voting in California is a lemon. It needs to be fixed,” said Sen. Ross Johnson, R-Irvine.

Electronic voting machines have been controversial almost since their invention. Some computer scientists say the systems leave elections vulnerable to hackers, while other critics say that because most electronic voting terminals do not produce paper records, there’s no way to ensure accurate recounts.

There’s also a concern that system problems in California could lead to voter confusion like that surrounding the 2000 presidential election in Florida.

In the March 2 statewide election, where 14 counties used touch-screen voting systems, the number of system failures was “alarming,” said Sen. Don Perata, D-Oakland.

Perata cited San Diego County, where touch screens failed to start properly, causing delays up to two hours in some polling places.

In Orange County more than 7,000 voters were given incorrect electronic ballots, and 573 polling places across the state acknowledged they had glitches in their systems, Perata said.

“March 2 was a test flight for the widespread use of these touch-screen voting machines in the state and I think it’s fair to say from the evidence so far that the test flight crashed and burned,” Perata said.

Warning that California could become the “Florida of 2004,” the senators requested that Secretary of State Kevin Shelley decertify the touch-screen system for the general election and ask counties to use paper ballots instead, “until, unless and until, we are truly satisfied that they are producing accurate results that reflect the will of the voters,” Johnson said.

But Mischelle Townsend, the registrar of voters in Riverside County, which has used the machines since 2000, disagreed.

“E-voting equipment has been used successfully in this nation and around the world for over 15 years,” Townsend said. “I truly believe that this is the best system available to the electorate in terms of improved accuracy, efficiency, and reliability, as well as accessibility.”

Technology problems during the primary and other issues show California isn’t ready for the technology, said Kim Alexander of The California Voter Foundation.

Poll workers are essentially volunteers with limited training, and often aren’t able to help voters having difficulty with the machines. Voters have also complained of having less privacy when they use the screens.

“Putting 21st century voting equipment into a 19th century voting system is a recipe for disaster,” Alexander said.

There’s always a learning curve with any new voting system, said Alfie Charles, vice president of Sequoia Voting Systems. He said his company’s touch-screen system worked well in the six California counties that used it.

“I don’t think this a time to move away from the technology, it’s time to refine the process to prevent problems in future,” Charles said.

Doug Stone, a spokesman for the secretary of state’s office, said Shelley shares some of the senators’ concerns but wants “an in-depth and comprehensive review of what worked well and what didn’t work well in all 58 counties. Based on that information he’ll be in a better position to determine what steps, if any, need to be taken.”

Nationwide, at least 50 million people will vote on touch-screens in November, compared with 55 million using paper, punch cards or lever machines, according to the Washington, D.C.-based political consulting firm Election Data Services.