LUBBOCK, Texas — Five people sued Lubbock County Commissioners Monday to stop the use of electronic voting systems. They also demanded “proper investigations and reconciliation” of elections in the last two years.

The lawsuit demands, among other things, that Lubbock County “implement a precinct level hand-marked paper ballot and hand counting system.”

The county already approved machines that keep a paper backup system in addition to the electronic records.

The preliminary statement in the lawsuit, filed by Ashley Johnson, Beverly D. Burnett, Royce C. Lewis, Laura Lynne Phillips and Sheryl Ann Sherman – all representing themselves to be Lubbock County registered voters – said, “This action is not an election contest case.”

The basic claim was that Lubbock County uses Hart InterCivic voting machines. The lawsuit also claimed these voting machines do not meet state standards and they are vulnerable to so-called “black box” antics by nations such as China.

Click here to read the petition (1.1 MB pdf) from which we cut out pages 2 and 3 because it contained the phone numbers and home address of the five petitioners. The attachments with the lawsuit were more than 500 pages. They are not included in this link.

Public records confirmed Lubbock adopted the use of Hart InterCivic machines in August 2020. The Hart machines create a paper trail, according to the company’s website.

The company website also said, “Audits can be done by hand count or through digital tabulation.”

VoteTexas.gov, which is run by the Texas Secretary of State, listed Hart InterCivic as an approved voting system.

Officials in Lubbock County previously said the voting machines are not connected to the internet. Despite such assurances, the lawsuit claimed officials under the direction of the Texas Secretary of State withheld information about voting machine malfunctions in several counties.

The lawsuit said, “emergency relief is necessary.”

A portion of the lawsuit said:

“The Constitution requires that elections be free, fair, and accurately counted. Changing reported votes or vote totals in a public election violates Petitioners’ fundamental right to vote and Petitioners’ rights under the Due Process clause and the Equal Protection clause. The only way to prevent these violations is to refrain from using vulnerable Electronic Voting Systems to administer future elections, including the 2022 November Election. The relief requested by Petitioners is the only way to eliminate the likelihood that Texas election results will be secretly changed by malicious programs hidden in Electronic Voting Systems.”

Lubbock County officials have not yet presented their side of the story in court records. EverythingLubbock.com invited officials to offer a statement. An update will be provided, if necessary. We will also look for Lubbock County’s official response in court records when it becomes available.