By ANDREW WELSH-HUGGINS
AP Legal Affairs Writer
COLUMBUS, Ohio (AP) - An election-eve lawsuit alleges that software in some Ohio voting machines makes the machines vulnerable to having votes altered after they are cast.
The lawsuit involving machines made by Omaha, Neb.-based Election Systems and Software alleges software on the machines could allow vote manipulation by non-election board officials.
The suit was filed Monday in federal court in Columbus on behalf of Bob Fitrakis, a longtime Ohio elections activist.
The lawsuit asks a judge to order Ohio's elections chief Jon Husted not to use the machines Tuesday and to break state contracts with ES&S for voting machines to be used this year.
Federal Judge Gregory Frost held a teleconference with attorneys Monday afternoon.
Messages were left with ES&S and Husted's office seeking comment.