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Georgia paper ballots case goes to a judge Wednesday

Georgia's last large-scale use of paper ballots was in the 2001 election for Atlanta mayor, sending Shirley Franklin into office.
An Atlanta voter casts a paper ballot during the city's 2001 municipal election

ATLANTA -- A federal judge could rule as early as Wednesday on whether Georgia would have to use paper ballots in November’s election. The complaint says Georgia’s electronic voting system isn’t safe enough.

Georgia’s last large-scale use of paper ballots was in the 2001 election for Atlanta mayor, sending Shirley Franklin into office. There were complaints. And there was a recount. Franklin beat Robb Pitts by less than 200 votes.

The following year, 2002, the state rolled out “direct recording electronic” machines, with computer touch screens. State-of-the-art 16 years ago; dangerously outdated now, say critics.

"You’ve got the entire U.S. intelligence community telling us you cannot trust these systems," said David Cross, an attorney who will try to force the state back into using paper ballots for the election less than two months from now.

In a court brief, Secretary of State Brian Kemp’s legal team said “the elections system we need for November 2018 will be plunged into chaos” if Cross wins the case on behalf of three Georgia voters who sued.

Asked if it's reasonable to expect the state to capably conduct the November election with paper ballots, Cross said: "It is, and it’s a bit of a misconception generated by the state that they don’t do paper ballots. They do paper ballots. What we’re talking about is an increase in volume, not really a change in procedure."

Cross says Georgia law currently requires paper ballots at all precincts in case the electronic machines fail – due to a power outage, for example.

"To say that they don’t use paper ballots, it’s just not accurate," Cross said. "What we’re talking about is an increase in volume for sure, but it’s not a fundamental change in process."

Kemp’s brief describes that argument as “false and irresponsible.”

Kemp is not expected to attend the hearing. The Republican candidate for governor has a campaign event scheduled instead.

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