SACRAMENTO — California Secretary of State Kevin Shelley on Friday withdrew his approval of electronic voting machines throughout the state -- a step that could force many voters to return to paper ballots in November.
Shelley's decision -- which experts called the most significant setback yet in the nation's shift to computerized voting -- allows 10 of 14 California counties that use electronic voting to reapply for certification if they meet 23 new security conditions.
The remaining four counties -- San Diego, San Joaquin, Solano and Kern -- are banned from using their touch-screen systems in November. Shelley, the state's top elections official, also called on California Atty. Gen. Bill Lockyer to investigate the company that made the equipment in those counties, Diebold Election Systems, for allegedly lying to state officials.
Across California, registrars of voters said they were surprised by Shelley's action, which was harsher than steps recommended by an advisory panel earlier this week.
Even those whose counties were granted permission to seek recertification said they didn't know whether they would be able to meet the new requirements in time for the November election.
"At this point in time, electronic voting doesn't appear to be an option," said Scott Konopasek, San Bernardino County's registrar of voters. "This really came out of the blue today."
California had been leading the nation's shift to electronic voting, with more than 40% of the state's voters casting ballots electronically in the March primary. Electronic voting systems started gaining favor after problems with punch-card ballots in Florida delayed the final tally of votes in the 2000 presidential election for several weeks.
But Shelley, at a news conference in his office, said he was deeply concerned about a host of election day problems that prevented an unknown number of voters from casting ballots in March.
In San Diego County, for example, the Diebold AccuVote-TSx system malfunctioned, causing 55% of the county's polling places to open late and preventing an unknown number of voters from casting ballots, according to a report by the secretary of state.
In Orange County, thousands of voters were issued the wrong ballots on voting machines made by Hart InterCivic. As a result, some voters cast ballots in races in which they were ineligible and were prevented from voting in races that affected them. Orange County officials later blamed the problem on inadequate training of poll workers.
In the most drastic action announced Friday, Shelley banned Diebold's AccuVote-TSx from use in the November election, meaning that four counties that own the equipment -- San Diego, San Joaquin, Solano and Kern -- will have to find another way to collect votes in November. Officials in those counties said they would probably use paper ballots on which voters mark their choices with ink.
San Diego County, which spent more than $30 million for its AccuVote-TSx machines, has a contract that requires Diebold to provide an alternative voting system if its system is not certified by the state.
"We accept the determination made by the secretary of state. The county of San Diego will rely on the secretary of state to make the difficult decisions on what equipment we may use," San Diego County Supervisor Dianne Jacob said in a statement.
The 10 counties that use other electronic voting systems also were sent scrambling by Shelley's decision, and some voting officials said they, like those with the banned machines, may return to paper ballots.
In San Bernardino County, Konopasek said he was not optimistic that he could get the voting system certified in time for the November general election. His county spent $13.8 million last year to buy 4,000 electronic voting machines that were first used during the October recall election.
Shelley called for registrars in the 10 counties to meet 23 new requirements before the November election.
These include offering a paper ballot to any voter who does not want to vote electronically, releasing software code to the secretary of state for evaluation, and providing training and security plans to ensure the equipment operates properly.
Doug Stone, a Shelley spokesman, said the secretary of state was still developing a plan for the counties to follow to get their equipment approved.
Conny McCormack, registrar of voters in Los Angeles County and an advocate of touch-screen voting systems, said she thought Shelley overreacted.
"I think it's a tremendous blow to voter confidence," McCormack said. "The voters love the equipment. It's been proven to be the most accurate. Now, what are they going to think around the country ... when they read the secretary of state in the largest state said there's a problem with the equipment?"
