Under the gun to meet tight election deadlines, the secretary of state’s office certified a voting machine for Jefferson and Mesa counties that failed to meet state requirements.
The information comes from the deposition of John Gardner – the man appointed by Secretary of State Gigi Dennis as the expert charged with certifying which types of voting machines can be used in Colorado.
But Gardner testified he has not been certified as an expert and confirmed he had no formal training in computer science, computer programing or evaluating the security of data-processing systems.
State law requires expertise in data processing, mechanical engineering or public administration. Gardner said either he was not an expert in those areas or he did not know the definition of those requirements.
He also confirmed that Dennis’ office was under pressure to certify the voting machines because at least one county had already purchased them.
Gardner’s testimony comes in preparation for trial in a lawsuit seeking to block the use of electronic voting machines in the November elections, and it calls into question whether new voting machines in Colorado were certified by qualified personnel.
The so-called Direct Recording Electronic machines have become the target of lawsuits across the nation since becoming a popular choice to meet federal Help America Vote Act requirements. Critics are concerned that the machines are unreliable.
Clerks in Jefferson and Mesa counties reported the August primaries ran smoothly. But the candidates running to replace Dennis immediately seized on the revelations.
Republican Michael Coffman said he would “immediately go through the certification process all over again” if elected.
Democrat Ken Gordon called on Dennis to “perform an adequate and thorough testing, as the law requires her to do.”
The state Democratic Party urged people to vote absentee.
Dennis’ office referred comment to the attorney general’s office, which declined comment, citing the ongoing lawsuit.
In his deposition, Gardner said he and Dennis decided to certify the ES&S Unity machine even though the audio and video functions for the visually impaired didn’t work at the same time, as required by law.
“I made a value judgment on that,” Gardner said.
Plaintiff’s attorney Paul Hultin of Wheeler Trigg Kennedy then asked, “You were in a big hurry to certify the ES&S Unity system 3.0 because Jefferson County and Mesa County wanted to use it in the primary election?”
“Yes, that’s sort of true,” Gardner replied.
He also confirmed there were “complications.”
“And that’s because there were a number of areas where the system did not meet the requirements of the statute. … Isn’t that right?” Hultin asked.
“Yes, that is correct,” he said.
Gardner did say that his experience as information-systems manager for both El Paso County and a professional recruiting agency allowed him to certify the machines.
In June, Colorado citizens aided by the national nonprofit Voter Action filed the lawsuit against the secretary of state and nine counties, saying the machines are unreliable and vulnerable to fraud.
In July, Denver District Judge Lawrence Manzanares allowed the electronic machines in the August primaries but refused to dismiss the case against the secretary of state’s office.
Trial for the case is scheduled to begin Wednesday.
The specific problem pointed out in Gardner’s deposition was with the machine’s function for the visually impaired. Gardener confirmed the state requires audio and visual functions to work at the same time.
Jefferson County Clerk and Recorder Faye Griffin said the screen goes blank on the visually impaired function for a reason.
“It’s a privacy function,” she said. “If you were visually impaired, how would you know if someone was looking over your shoulder? … It makes sense to me.”
Still, Griffin said the issue would be corrected if needed.
Staff writer George Merritt can be reached at 303-954-1657 or gmerritt@denverpost.com.
