“An U.S. District Court judge has rejected a suit alleging that Ohio voting machines were using dangerously vulnerable software that would allow votes to be blocked or altered. Judge Gregory Frost ruled that election activist and Green Party Congressional candidate Bob Fitrakis provided ‘zero’ evidence for his claims, offering instead only conjecture as to how and why the machines could fail. The judge sided with the state, which argued that discarding the ES&S system and finding and implementing a new system would cause confusion and delays within an already potentially overloaded voting infrastructure.”
http://www.rawstory.com/rs/2012/11/06/ohio-judge-rejects-lawsuit-against-voting-machine-software/
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