Conroy v. Dennis
In June 2006, a group of Colorado voters filed a lawsuit in Denver District Court challenging the Colorado Secretary of State’s certification of certain DRE voting systems and seeking a court order to prevent the use of such systems in Colorado elections. The lawsuit alleged that the use of DRE systems in Colorado violated the plaintiffs’ fundamental right to vote under the Colorado Constitution and that the systems contained illegal interpreted code prohibited by Colorado law.
Status of CaseIn September 2006, the Denver District Court ordered the Colorado Secretary of State to enact meaningful security standards for electronic voting machines and to retest the four systems certified by the Secretary of State before authorizing their use in any future elections. Judge Lawrence Manzanares said the Secretary of State’s office failed to develop minimum security standards, as required by state law, and did an “abysmal” job of documenting the testing during the certification process.
The Colorado law firm of Wheeler Trigg Kennedy has served as counsel for the plaintiffs in this case. The lawsuit was filed with the support of Voter Action. Voter Action’s co-founder, Lowell Finley, served as co-counsel for the plaintiffs until January 2007, when he assumed the position of Deputy Secretary of State for Voting Systems Technology and Policy in the California Secretary of State’s Office.The plaintiffs continue to monitor this matter as the Colorado Secretary of State conducts a review of these DRE voting systems and whether or not they are in compliance with the court’s order for use in the upcoming 2008 elections.