County's loss of voting data leads to new election

In another case that puts into question the usability of electronic voting machines, a California judge is likely to order a new election for a Berkeley, CA, ballot initiative that lost due to dubious electronic voting machine data, reports IDG News Service.

Judge Winifred Smith of the Alameda County Superior Court said she may put a medical marijuana initiative back on the ballot due to a questionable ballot count. The medical marijuana initiative lost by fewer than 200 votes. When Americans for Safe Access, a medical-marijuana advocacy group, sued Alameda County for a recount, they were stymied because the city of Berkeley didn't share the necessary voting records, in violation of election laws, Judge Smith ruled.

The county reused voting machines from Diebold Election Systems without saving sufficient data to carry out a recount or review the election process, ASA lawyer Gregory Luke said. Officials failed to save key evidence even after the suit was pending, he said. Data from the vote in question has only been found on 20 of the hundreds of machines used in the election.

In addition to the new election, the county will likely have to pay $22,604 for the recount, attorney's fees and the cost of a trip to Diebold offices in Texas.

"This is a very severe sanction. ... and it's warranted," Luke said Friday.