Polling site software concerns state elections officials

Because questions remain about the functionality and security of the software, state elections officials determined it shouldn't be used in this year’s elections.

VR Systems balked at that position, however, and challenged it in court.

In a hearing this week before an administrative law judge, attorneys for the elections board argued that the current version of EViD isn't legally certified by the board as required. Because of ongoing litigation over the composition of the board, no members have been appointed to it since June to consider certifying the software.

The judge ruled against the state board, officials said Friday, prompting an appeal in Wake County Superior Court.

"While we understand the vendor’s desire to continue to operate in North Carolina, it is our responsibility to the public to ensure that our elections are secure and compliant with North Carolina law," state elections director Kim Westbrook Strach said in a statement.

Ben Martin, chief operating officer of VR Systems, said the state's worries are unfounded, noting a Durham County investigation determined the software wasn't responsible for the 2016 problems and that no hacking ever occurred after a unsuccessful phishing attempt at the company.

"The EViD product has been certified and used in North Carolina since 2009," Martin said in a statement. "EViD does not process or tabulate votes, but rather is a system used to check-in voters at the polling place."

Twenty-one counties used EViD last year, but officials said it's unclear how many planned to use it this year. Affected counties are prepared to use authorized alternatives on Tuesday, officials said.