E-voting firms won't guarantee their wares!!

From Paul Lehto:

The slightly updated form of the “white paper” publication on warranties and disclaimers of warranties regarding voting machines is now online at

This is a significant paper because it proves, I think, that vendors do not stand behind their products at all and are literally not willing to promise they will work for even their most basic functions. So, if the manufacturers themselves don’t really believe in their products and back them up 100%, why should We the People spend millions and billions and bet our Republic on them?

Please post and link this broadly since I think it has a very important legal perspective that everyone can understand. Vendors always propose contracts that are “as is” meaning literally that they DO NOT promise that the e-voting machines will work, even for their basic purposes. In cases where they disclaim all warranties, but still provide a 1 year (typically) partial warranty, these limited warranties are all specially drafted by corporate lawyers and are swiss cheese that avoid the main risks.

This paper constitutes the legal framework for a separate proposed amendment to Holt and Feinstein’s bill that would UPGRADE warranty protections on voting systems, but only modestly so: to the same level of protection that consumers get when purchasing USED cars. The amendment would apply the federal Magnuson Moss Warranty Act to voting systems, and declare that voters are consumers as a matter of law with respect to the voting systems they use while voting, and thus have standing to sue if any contractual express warranty is made.
I believe this is proposed amendment number 19 to the Feinstein bill, on Kathy Dopp’s list of amendments she is circulating.

We can and should, of course, have voting systems with a full and complete GUARANTEE warranty, but we are instructed by our Masters in Congress that such expectations of no fail systems that we’ve come to expect with regard to other core governmental services like fire protection, water supply and so forth we clearly can not expect when it comes to voting. Voting, after all, involves simple acts of counting addition that are difficult for government to figure out, even with the assistance of the private sector and the wonders of computer technology. So therefore, I’ve been more modest in only asking for warranty levels to be upgraded from the current “as is” sales to the protections available for used cars.

Paul Lehto

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