"Instead of explaining to the Court how the system would be altered by the Secretary's use of the EXP software, Fitrakis instead argued that "[t]here is no objective proof that the new software will not adversely affect the existing software in an unforeseen way" and that "[t]here is no evidence that [unforeseen adverse software impact] will not happen here," Frost wrote.
The claim to injunctive relief is "based on a series of speculative assumptions about what the EXP software might do to the county vote tabulation computers and how someone might be able to use the EXP software to alter election results."
Ohio is a key swing state in the U.S. presidential election and could well determine the winner. Polls have shown President Obama with a narrow lead in the state over GOP challenger Mitt Romney.
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