Lawsuit: Ohio voting machines could alter votes.

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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 (HYOO'-sted) 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.

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