Sequoia Voting System tried to persuade Judge Linda Feinberg to quash subpoenas issued in Bergen, Gloucester, Mercer, Middlesex, Ocean and Union counties instructing officials to turn over voting machines that showed discrepan cies in the February presidential primary.

The manufacturers' attorneys argued Sequoia could lose its competitive edge if its products were exposed to unauthorized testing. Edwin Smith, a Sequoia executive was especially worried about "firmware" -- the software programs embedded on electronic chips that control the machines, and source codes within the de vices.

Feinberg said she was confi dent, however, that the attorneys for the opposing sides could draft a "protective order" that would safeguard all concerns.

"Trade secrets can be protected from public disclosure," Feinberg said, during the hearing yesterday in Mercer County's courthouse. The standards used in verifying the accuracy of the "Alcotest" could serve as model for this case, the judge said, referring to the new device the courts recently sanctioned as the latest technology in testing blood-alcohol levels.

Irene Goldman, a leader of the Coalition for Peace Action, which has questioned the reliability of electronic machines, hailed the judge's ruling.

"Opening up the source codes is a landmark for our case and voter integrity," Goldman said.

Michelle Shafer, a Sequoia spokeswoman, said the company does not intend to appeal Fein berg's decision and will cooperate with the judge's order for limited access to the machines.

The lawsuit dates back to 2004, and due to these latest development, the trial is not expected to begin until September. The voter's rights advocates are now pressing the state to equip all machines with paper ballots so voters may verify their votes. The state missed the Jan. 1, 2008, deadline, however. Both houses of the Legislature passed bills extending the deadline to Jan. 1, 2009, but Gov. Jon Cor zine has not yet signed it.

View Entire Article Here