A bit from the middle of the EFF press release linked above:
North Carolina law requires the Board of Elections to rigorously review all voting system code “prior to certification.” Ignoring this requirement, the Board of Elections on December 1st certified voting systems offered by Diebold Election Systems, Sequoia Voting Systems, and Election Systems and Software without having first obtained – let alone reviewed – the system code.
“This is about the rule of law,” said EFF Staff Attorney Matt Zimmerman. “The Board of Elections has simply ignored its mandatory obligations under North Carolina election law. This statute was enacted to require election officials to investigate the quality and security of voting systems before approval, and only approve those that are safe and secure. By certifying without a full review of all relevant code, the Board of Elections has now opened the door for North Carolina counties to purchase untested and potentially insecure voting equipment.”
North Carolina experienced one of the most serious malfunctions of e-voting systems in the 2004 presidential election when over 4,500 ballots were lost in a voting system provided by e-voting vendor UniLect Corp. Electronic voting systems across the country have come under fire during the past several years as unexplained malfunctions combined with efforts by vendors to protect their proprietary systems from meaningful review have left voters with serious questions about the integrity of the voting process.
“North Carolina voters deserve to have their election laws enforced,” said co-counsel Don Beskind of the Raleigh law firm of Twiggs, Beskind, Strickland & Rabenau, P.A. “Election transparency is a requirement, not an option. The General Assembly passed this law unanimously, and it is now time for the Board of Elections to meet their obligations.”