In the complaint filed against members of the New York State Board of Elections, the plaintiffs argue that the ATM-style touchscreen machine — which was greenlit in an August resolution — does not allow voters to verify that their selections are correctly counted because the machine tallies the selections by producing an automated barcode, that of which no voter could read or understand.
Additionally, the complaint alleges that the use of barcodes “can (and predictably will) provide fodder for 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 approving the machines was passed without proper authority when “[t]he Commissioners abused their discretion” to approve a machine that does not comply with state law.
The plaintiffs ask the court to immediately order the board of elections to rescind the part of the resolution that approved the ExpressVote XL machine.
While the machines have already been approved, no local board of elections has purchased the machine. A previous legal challenge to the same machine in Arkansas was dismissed. In Arkansas, the judge ruled that contrary to what the plaintiffs are arguing in New York, the machines give voters an “opportunity to verify” their vote “in a private and independent manner,” as required by Arkansas state law.