By: Robert Brownstone, Technology & eDiscovery Counsel, San Francisco
From the ashes of the flawed 2000 presidential election the Election Protection coalition arose. That group of civil rights organizations and other non-profits protects individuals’ rights to vote and to have their votes counted as cast. In 2004, a key player in that coalition, Verified Voting Foundation was founded by Stanford University computer science Professor David Dill. For the past 10 years, Verified Voting has played an integral role in Election Protection by, among other efforts, striving to convince legislatures and election officials nationwide to ensure the integrity and data security of voting machines.
This August 13, Verified Voting will be celebrating its 10th Anniversary of “safeguarding elections in the digital age” at an evening event at the Computer History Museum in Mountain View. Details are available at this registration page. Fenwick & West is proud to be a sponsor of the anniversary bash because 2014 also marks our firm’s 10th anniversary of providing pro bono legal advice and on-the-ground support to the Election Protection movement.
During the past decade, dozens of our firm’s lawyers and paralegals have advised coalition members such as the Electronic Frontier Foundation and the Lawyers’ Committee for Civil Rights Under Law. In the Fall 2010 election season, we realized there was a particularly intense synergy between the technology focus of our firm and the voting-machine-centric work of Verified Voting. Our firm also wanted to be involved in voting issues on a more regular basis, not just during the ramp up to a federal election day. So, in early 2011, we became pro bono counsel for Verified Voting.
Although I’ve enjoyed being one of the leaders of our firm’s pertinent efforts since Fall 2004, the past three-plus years of focused efforts advising Verified Voting have been even more energizing. I share the passion the organization and its president, Pam Smith, exhibit day in and day out for trying to ensure that voting machines provide Voter-Verified Paper Ballots (VVPBs). The lack of a Voter-Verified Paper Audit Trail (VVPAT) foils voters’ attempts on Election Day to ensure their votes are cast consistent with their selections. It also prevents legally defensible and/or statistically sound audits and recounts in the aftermath of Election Day.
On behalf of Verified Voting, I have led Fenwick teams that have prepared written challenges regarding New Jersey’s statewide use of Direct-Recording Electronic voting machines (DREs) and as to Maryland’s flirtation with the use of an online ballot marking wizard that does not appear to comply with state or federal certification rules. See eCounts and Recounts (Oct. 2012). And, in Fall 2012, I went toe-to-toe with New Jersey Governor Christie when he and I were quoted as to our opposing viewpoints on the makeshift vote-by-email approach New Jersey took that election week in light of Hurricane Sandy. See Despite Lawsuit and Numerous Glitches, New Jersey Voted, but It Wasn’t Pretty(Nov. 2012).
In addition, I have joined countless lawyer and paralegal colleagues of mine in staffing call centers during multiple election seasons. And I have beamed with pride as some of our paralegals jumped into the breach to help with editing and finalizing Counting Votes 2012: A State by State Look at Election Preparedness, which was a joint effort of Verified Voting Foundation, Common Cause and the Rutgers School of Law.
So Happy 10th Birthday Verified Voting Foundation! My association with this pro bono client has been inspiring, and I expect it will continue for the rest of my life.
Robert Brownstone is Technology & eDiscovery Counsel at Fenwick & West LLP, as well as Co-Chair of the Electronic Information Management (EIM) practice group. He advises clients on electronic discovery, electronic information management, retention/destruction policies and protocols, information-security and privacy. Both in depositions and at trials, Bob has handled direct-testimony and cross-examination of expert witnesses as to electronically stored information (ESI) and computer-forensics. A nationally recognized resource on electronic information, Bob has penned over 50 articles on law and technology issues and has been featured in over 50 media outlets. Bob also authors the IT Law Today blog.
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