Georgia Court: E-Vote at Your Own Risk

Georgia Court: E-Vote at Your Own Risk
By Matthew Cardinale, News Editor | The Atlanta Progressive News

The Georgia Supreme Court, in their recent ruling against VoterGA upholding electronic voting in the State of Georgia, implicitly acknowledged that E-voting results cannot be independently audited. At the same time, they emphasized that it's the voter's choice to vote electronically, when paper ballots are available through the absentee process.

"In deciding to forego the privilege of voting early on a paper ballot, voters assume the risk of necessarily different procedures if a recount is required," Judge George Carley ruled, with all justices on the panel concurring, on September 28, 2009.

As previously reported by Atlanta Progressive News, VoterGA has sued the State of Georgia regarding E-voting, arguing that it is unconstitutional under state and federal law because it violates the Equal Protection and Due Process clauses of the Constitution of the US.

As for equal protection, VoterGA has argued that Georgia has created two separate classes of voters: one who has the right to a meaningful recount of their vote if they use a paper ballot to vote absentee, and another who does not have the right to a meaningful recount if they vote electronically on Election Day. Read more.