Case 1:17-cv-02989-AT Document 579 Filed 08/15/19 Page 22 of 153
[t]he depletion of the HAVA funds has significant implications today,
as the systems deployed as a result of HAVA are nearing the end of
their useful life and need to be replaced. The service life of most new
voting hardware and software purchased and installed immediately
after the passing of HAVA is 10-15 years, and states now lacking
HAVA funds have to go to extraordinary lengths to keep their aging
systems operational.
(Id.)
Georgia’s DRE system originally was intended to include the capacity for
an independent paper audit trail of every ballot cast, but this feature was never
effectuated. (Report of the 21st Century Voting Commission, Pl. Ex. 10 at 38,
introduced at Preliminary Injunction hearing; testimony of Cathy Cox.) In the
September 2018 hearing, former Secretary of State Cathy Cox testified that when
Georgia made the switch to DREs without the option for a paper trail in 2001,
“none of us contemplated that this would be the end of the process but that it
would – that Kennesaw to some extent could help us stay on top of things. But I
don’t know that we realized this equipment probably could not be updated as
much as we would have anticipated. We probably didn’t anticipate obviously a
recession would come about and there wouldn’t be money to provide new
equipment over time.” (Tr., Doc. 307 at 293-94.)
Georgia chose to use the Diebold Accuvote DRE which relies upon versions
of Windows and BallotStation software (developed in 2005) both of which are out
of date – to the point that the makers of the software no longer support these
versions or provide security patches for them. (Halderman Decl., Doc. 260-2 ¶¶
22
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