Lawsuit filed on behalf of Common Cause New York, the Black Institute and five voters against members of the New York State Board of Elections. The plaintiffs are challenging a resolution that approved the use of a touch screen voting machine, the ExpressVote XL. The plaintiffs allege that the ExpressVote XL —which was approved by the New York State Board of Elections for all county boards in New York outside of New York City and the New York City Board of Elections — does not allow voters to verify their votes or correct them before votes are cast and counted.
Using the ExpressVote XL, voters use a touch screen to make selections and the machine prints a summary card that shows the voter’s selections on a barcode on a summary card that voters cannot read. As a result, the plaintiffs assert that the voter’s ballot is not verifiable. The complaint argues that the barcode system “can (and predictably will) provide fodder for those who peddle in election voter-fraud fearmongering and conspiracy theories about ‘rigged elections’ to reduce public confidence that votes are accurately cast and counted.” The plaintiffs allege that the resolution that approved the use of these machines violates New York election law and asks for a writ of mandamus (a court order compelling a party to take a specific action) to void the resolution that approved the use of ExpressVote XL machines.