Grant Gross
Senior Writer

Florida court rejects attempt to see e-voting code

news
Jan 2, 20072 mins

Judge says source code of machines is a trade secret

A Florida judge has rejected a U.S. Congress candidate’s request to examine the source code of electronic voting machines alleged to have miscounted votes in November’s election.

Judge William Gary of Florida’s Second Judicial Circuit rejected the request by Democratic candidate Christine Jennings, saying the source code for the Election Systems & Software Inc. (ES&S) e-voting machines used in the election is a trade secret.

Jennings, who lost by 369 votes in the 13th Congressional District race, has sued voting officials in Sarasota County, Florida, over discrepancies in the way votes were recorded. More than 18,000 people who cast votes in other district races failed to have votes recorded in the congressional race. For example, about 4,000 more votes were recorded in the county’s Southern District Hospital Board than in the House race.

Jennings and district voters who brought the lawsuit want access to trade secrets “based on nothing more than speculation and conjecture,” Gary wrote in his ruling Friday. Allowing the plaintiffs access to the source code “would result in destroying or at least gutting the protections afforded those who own trade secrets,” the judge wrote.

Jennings, on her Web site, wrote that she would appeal Gary’s ruling. “It’s shocking that there is more concern for protecting a company’s profits rather than protecting our right to vote,” Jennings’ Web site said. “The secrecy and question marks surrounding electronic voting is creating a real crisis in confidence among America’s voters, and the only way to resolve this is by conducting a thorough review by outside experts.”

Jennings’ opponent, Republican Vern Buchanan, will be seated in the U.S. House of Representatives while Jennings continues to seek a revote in the election.

An ES&S representative wasn’t immediately available for comment Monday.

Grant Gross

Grant Gross, a senior writer at CIO, is a long-time IT journalist who has focused on AI, enterprise technology, and tech policy. He previously served as Washington, D.C., correspondent and later senior editor at IDG News Service. Earlier in his career, he was managing editor at Linux.com and news editor at tech careers site Techies.com. As a tech policy expert, he has appeared on C-SPAN and the giant NTN24 Spanish-language cable news network. In the distant past, he worked as a reporter and editor at newspapers in Minnesota and the Dakotas. A finalist for Best Range of Work by a Single Author for both the Eddie Awards and the Neal Awards, Grant was recently recognized with an ASBPE Regional Silver award for his article “Agentic AI: Decisive, operational AI arrives in business.”

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