A Missouri House of Representatives candidate who lost her primary race last month has sued the state’s elections chief over voting machines that are allegedly not certified according to requirements under the Help America Vote Act (HAVA) of 2002.
“Open Elect 1.3 was tested by a laboratory that never received accreditation, not even once, and there are 50 Missouri counties still using that software,” said Ali Graeff, a Republican.
She initially filed the lawsuit in St. Charles County’s 11th Judicial Circuit Court, but it was transferred to the Eastern District of Missouri federal court on Sept. 16.
“It's a serious problem that, if there was a simple answer for it, then why is the Secretary of State running from me in court,” Graeff said. “Just answer it. Under Revised Statute 111.531, that law guarantees me a hearing in a contestation.”
HAVA law provides funding to help states meet new standards, replace and purchase new voting systems, and improve election administration including security. It also established the Election Assistance Commission (EAC) to help states comply with and distribute HAVA funds.
“We codified HAVA in Missouri House Bill 511 so it’s now state law,” Graeff told the St. Louis Record. “We can’t buck it if they codified.”
Graeff gained standing to sue under the Missouri state law after campaigning for election to the Missouri House of Representatives representing St. Charles County. She lost in the Aug. 2 primary to fellow Republican Travis Wilson.
“I knew I wasn't going to win and I was going to contest this whether I won or lost,” she said. “This was always the plan to contest the election because they're not abiding by the law and if they are, then they just need to show it. That's all I'm asking. Quit playing games with our elections.”
In addition to Secretary of State Jay Ashcroft, St. Charles County, the Missouri Election Authority, and Director of Elections Kurt Bahr are named as defendants in the complaint.
The lawsuit asks for the immediate statewide return to hand-cast and hand-counted paper ballots and the permanent removal of all electronic voting machines, systems, equipment, and poll pads.
“What’s at stake is our voices on who governs us and in our choice in our elections because that's being taken from us by the administration of elections that are not followed by law,” Graeff added. “Those elections aren't legal. How do we know? There's no transparency. There are no checks and balances and that turns into tyranny.”
Ashcroft argues in his motion to dismiss that Graeff's allegations don't identify any specific irregularities in the conduct, reporting, and certification of election results in Missouri.
"Plaintiff has not alleged any specifics regarding her voting activity, polling places, and conduct of the local election authority administering the elections she believes were corrupted," wrote Ashcroft's attorney Jesus A. Osete in the Sept. 23 dispositive motion. "Her allegations regarding the potential corruption of numerous Missouri elections do not give rise to the reasonable inference that Plaintiff suffered any actionable deprivation of a liberty or property interest."