Human error or faulty technology? Review screen prompts missed votes on eSlate
Houston Community Newspapers. July 10, 2008, by AUDREY M. MARKS

A day after the Texas Democratic Party filed federal appeal to remove eSlate electronic voting machines from Texas elections, officials are beginning to speculate if the suit will be attributed to equipment problems or voter errors....

A day after the Texas Democratic Party filed federal appeal to remove eSlate electronic voting machines from Texas elections, officials are beginning to speculate if the suit will be attributed to equipment problems or voter errors.

The state’s Democratic Party filed the appeal July 9 in 5th U.S. Circuit Court of Appeals against the Texas Secretary of State over the use of Hart Intercivic’s eSlate, a direct recording electronic voting machine.

According to the Democrats, the eSlate needs to be reprogrammed to operate to make sure votes are counted.

The party is charging that the machines don’t count some votes when voters cast a straight-party ballot.

A spokesman for the party said voters have ed the straight party option, and then s the candidate again in an “emphasis vote,” which really des the candidate on the ballot.

According to a release by the Texas Democratic Party, they believe the problem has changed the outcome of at least one Texas election.

Last year the Democrat’s case was dismissed from an Austin court by U.S. District Judge Sam Sparks.

In neither case has the eSlate manufacturer, Hart Intercivic, been named in the suit.

Fort Bend County is one of approximately 100 counties in the Lone Star state to use eSlate voting machines.

When asked for comment, John Oldham, Fort Bend County’s elections administrator, said he had not yet read the complaint against the Texas Secretary of State but said the eSlate has a built in function that allows voters to review their ballot before casting their votes.

Even if voters are deing candidates when they meant to vote for them, the review screen would tell voters they hadn’t ed a candidate for the particular race, he said.

“Because of the way the system works, and has to work, and is certified to work, I would be surprised if they would win that case,” Oldham said.

According to Associated Press reports, Judge Edith Clement, overseeing the case, has questioned if the machines or human error is to blame.

"There might be something wrong with the voters if they're not reading and following directions," she said.