At the Lawfare blog, Jessica Marsden has a report on the recent decision of the federal district court in Georgia concerning whether insufficiently secure voting machines, which are prone to hacking, might violate the constitutional right to vote.  Here are a couple excerpts from Marsden’s report on the decision:

Last month, the U.S. District Court for the Northern District of Georgia recognized that the risk of election hacking is of constitutional significance—and that courts can do something about it. In Curling v. Kemp, two groups of Georgia voters contend that Georgia’s old paperless voting machines are so unreliable that they compromise the plaintiffs’ constitutional right to vote. In ruling on the voters’ motion for preliminary injunction, Judge Amy Totenberg held that the plaintiffs had demonstrated a likelihood of success on the merits—in other words, Georgia’s insecure voting system likely violated their constitutional rights. While the court declined to order relief in time for the 2018 elections, the ruling suggests that Georgia may eventually be ordered to move to a more secure voting system. . .

The court further held that these serious security flaws and vulnerabilities in Georgia’s voting system implicate the constitutional guarantee of the right to vote. The right to vote is not satisfied simply by filling out a ballot or making selections on a touchscreen. As Totenberg recognized, voters have a “fundamental right to cast an effective vote (i.e., a vote that is accurately counted).” She concluded that, because of their security flaws, Georgia’s DRE machines do not fulfill that guarantee, in violation of plaintiffs’ due process and equal protection rights.