The election between Francine Busby and Brian Bilbray was marred, as reported in detail by The BRAD BLOG over the past two months, when the Diebold optical-scan and touch-screen voting machines used in the race were sent home with poll workers on so-called "sleepovers" for days and weeks prior to the election. That breach in security was in contravention of new state and federal security mitigation requirements enacted just months ago after dozens of severe vulnerabilities were recently confirmed in those specific voting systems.
According to the new state and federal security requirements, such breaches of security effectively decertify the systems for use in California. The election contest, to be filed on behalf of several CA-50 voters on Monday will charge the votes cast on those decertified machines are, in fact, illegal votes. The casting of illegal votes in one of several ground under which a contest may be filed in California state court.
