1. Introduction
On September 28, 2007, Judge Winifred Smith of the Superior Court of Alamada County, California, took the extraordinary measure of invalidating an election result – an event that has only happened once before in California’s history.[1] Measure R, originally voted upon in November 2004, was ordered back onto next year’s ballot not because of electoral fraud or force majeure, but because 96% of the results from the election had vanished.[2] There was not any suggestion of dastardly doings; no ballots mysteriously vanished; no warehouses caught fire under unusual circumstances. These ballots had vanished because in a very real way they never existed in the first place. The election deciding Measure R’s fate took place entirely on computerized voting machines.
In the middle of litigation over the fate of the election, the machines were returned to the manufacturers, without the data having been backed up.[3] It is unknown why the county returned the machines, or what happened to the data once the machines were sent back.[4] Computers lose data all the time; crashes are a fact of life in the modern world. It is rare, however, that large, professionally designed computer systems crash quite so catastrophically. While most people are familiar with Windows’ infamous Blue Screen of Death [5], however, companies spending millions (or more) on tabulating data have little tolerance for errors that destroy the vast majority of the information they are designed to store. Alameda County, according to its own statements, rolled out the machines before it knew how to effectively handle the data they generated.[6] [More]