Critics of the AVC Edge and AccuVote systems have argued in favor of touchscreen systems that produce a paper ballot that can be verified by the voter before the ballot is cast. They contend that the non-voter-verified systems can be manipulated by the use of malicious computer code, that there is a significant risk of lost votes, and that the lack of paper trail makes the system unauditable.
But those alleged inadequacies do not rise to the level of a constitutional violation, Rymer concluded, because “there is no indication that the AVC Edge System is inherently less accurate, or produces a vote count that is inherently less verifiable, than other systems.”
Every election law and regulation, the judge elaborated, has some impact on the right to vote. That impact, she explained, must be weighed against the state’s right to an orderly elections process.
The jurist went on say:
“No balloting system is perfect. Traditional paper ballots, as became evident during the 2000 presidential election, are prone to overvotes, undervotes, ‘hanging chads,’ and other mechanical and human errors that may thwart voter intent....Meanwhile, touchscreen voting systems remedy a number of these problems, albeit at the hypothetical price of vulnerability to programming ‘worms.’ ”
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http://www.metnews.com/articles/webe102903.htm