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Official Wants to Toss Lawsuit over Audit of Voting Machines

Associated Press - January 27, 2016 12:58 pm

Elections Director Bryan Caskey said Monday that the office has re-examined a state law that makes it a felony to disclose a ballot's contents and concluded it applies to election officials but not voters themselves.

Elections Director Bryan Caskey said Monday that the office has re-examined a state law that makes it a felony to disclose a ballot's contents and concluded it applies to election officials but not voters themselves.

A judge will hear arguments next month on the request to dismiss the lawsuit filed by a Wichita mathematician who is seeking to audit voting machine results after finding statistical anomalies in election counts.

A hearing has been set for Feb. 18 in Sedgwick County District Court.

Wichita State University statistician Beth Clarkson wants the tapes to check the error rate on electronic voting machines used at a Sedgwick County voting station during the November 2014 general election.

Sedgwick County contends it is statutorily prohibited from producing the voting machine tapes, which it contends are not open records. It also argued the issue was settled in an earlier lawsuit.

But Clarkson’s attorney, Randall Rathbun, disagrees. He said Wednesday issues raised in the past are not being litigated in this case.

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