Case 1:17-cv-02989-AT Document 579 Filed 08/15/19 Page 11 of 153
They thus seek a hand-marked paper ballot system, with appropriate risk limiting
auditing and other measures that are consistent with the recommendations of
leading cybersecurity election experts and feasible based on the experience of
other state and county jurisdictions that have implemented hand-marked paper
ballot based voting systems.
This Opinion and Order begins by rejecting the State Defendants’ Rule 19
joinder argument. With that issue out of the way, the Court then details the
record evidence demonstrating the serious and continuing vulnerabilities in the
State’s current electronic voting system that burden the Plaintiffs’ constitutional
rights. The Court also recounts the mountain of voter testimony showing that
these vulnerabilities have a tangible impact on these voters’ attempts to exercise
their fundamental right to cast a ballot and have their vote counted. The Order
further addresses the evidence from both parties regarding the feasibility of
implementing Plaintiffs’ requested relief of hand-marked paper ballots in the
2019 elections, especially in light of the State’s newly enacted BMD voting
system.
Finally, the Court considers the totality of this evidence and the
established legal standards in weighing whether to grant Plaintiffs’ requested
relief.
Based on this careful review of the record, and consideration of the
relevant factors for granting injunctive relief, the Court GRANTS IN PART and
DENIES IN PART the Plaintiffs’ Motions for Preliminary Injunction [Doc. 387
and Doc. 419].
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