When the returns came in for the Cumberland County Democratic Committee last summer, Cynthia Zirkle couldn’t believe what she was seeing. Only 86 votes were cast in the race to represent her district in Fairfield Township, and despite assurances from dozens of friends, Zirkle and her husband, Ernest, had managed to win just 19 votes between them. “I can’t believe that’s correct,” Zirkle told her husband, a retired veterinarian and the town’s deputy mayor.
The couple sued the Cumberland County Board of Elections and discovered that due to a programming error, their results had been switched with those of their opponents. In a rare turn of events, a new election was ordered, which the Zirkles handily won.
The case caught the eye of a Rutgers law professor who has spent years arguing that the touch-screen voting machines in use across New Jersey are prone to malfunction and hacking and need a paper backup that would allow for manual recounts. Provided with that real-life example of the machines’ fallibility, Penny Venetis, codirector of the constitutional litigation clinic at Rutgers-Newark Law School, is fighting to get the state Appellate Court to reopen her 2004 lawsuit and rewrite the rules on how elections are conducted in New Jersey. “The issues involved extend way beyond Cumberland County,” Venetis said. “It’s only because it was such a small election we know about this. If it was Newark, forget it. But that’s our point, stuff like this happens. Computers can be told to do whatever you want. They can play Jeopardy!; they can cheat in elections.”