Case 1:17-cv-02989-AT Document 579 Filed 08/15/19 Page 21 of 153
III.
CONTINUING VULNERABILITY AND UNRELIABILITY OF
GEORGIA’S GEMS/DRE SYSTEM AND VOTER REGISTRATION
SYSTEM AND DATABASE
A.
Georgia’s DREs operate on outdated and vulnerable
software.
The 2000 presidential election spurred the national transition from
mechanical to electronic voting machines and from manual to automated
processes. National Academies of Sciences, Engineering, and Medicine, et al.
Securing the Vote: Protecting American Democracy at 109 (National Academies
Press, 2018) (“National Academies Report” or “NAS Report”). In 2002, Congress
passed the Help America Vote Act (“HAVA”) and authorized the allocation of $3
billion to the states, primarily for the purchasing of new voting technology.18 As a
result, federal funding pursuant to HAVA led to the development and deployment
of new voting machines, and in particular, a more widespread deployment of
DRE devices. (Id.) While HAVA provided necessary funding for improved voting
technology,
contemporaneous
with
the
Act’s
passage,
technologies had existing security and operational flaws.
available
voting
(Id. at 110.)
For
example, “DRE machines did not produce a means for voter verification.” (Id.)
HAVA contained no provisions for future funding of replacement voting
machines or updates to the system. (Id.) Consequently, in 2018 the National
Academies of Science concluded:
Significantly, HAVA also required every state to implement a single centralized, computerized,
statewide voter registration list containing the name and registration information of every
legally registered voter in the State. 52 U.S.C. § 21083(a)(1)(A).
18
21
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