Posted: November 6, 2012
Ohio Tabulating Software Lawsuit
Judge Gregory L. Frost heard the plaintiff’s motion for a temporary restraining order in Fitrakis v. Husted this morning. Mr. Fitrakis’s attorney called an expert witness via telephonic testimony to testify to potential problems that could arise from the use of a software patch provided by Election Systems & Software, Inc. (ES&S) for use in today’s election. The expert also offered a remedy of a five percent hand count of ballots to confirm that the machine count and the hand count match and that votes and the tabulation were not tampered with. The Secretary of State’s office and ES&S attacked the expert’s actual knowledge of any issues with the software package and offered a letter from the Election Assistance Commission that the software patch does not need to be tested before use. Judge Frost said that he would rule forthwith, hopefully before noon today. Notes taken at the hearing by researcher Jennifer Hart are available here.