LEOLA, S.D. (KELOLAND) — McPherson County rejected a petition that would have banned electronic voting and tabulating equipment from elections after receiving legal advice during an executive session on Tuesday.

The group called South Dakota Canvassing initiated the petition. Supporters of the petitions fear tabulating machines can be hacked and/or produce inaccurate results.

The petition would have banned equipment used by the disabled and would have violated state and federal law, said Sara Frankenstein, the county board’s consulting attorney.

“There are other things that conflict with state and federal law,” Frankenstein said.

Frankenstein said it would take her 30 minutes to explain all the flaws in the petition.

“I believe this petition isn’t written very good,” Commissioner Jeff Neuharth said before the vote to reject it. The petition could generate a lawsuit that could cost the county money. “It’s a tough decision one way or the other. I’m not sure how to go forward with this, Neuharth said.

The commissioners unanimously rejected the petition after a closed executive session to discuss potential lawsuits. Before that, there were about 90 minutes of public comment and comments from hand-count supporter speakers Clay Parihkh and Rick Weible. Some of the exchanges included asking Parihkh and Weible about state and federal law.

During that 90 minutes Frankenstein reminded commissioners that she was available and that they should not take legal advice from the meeting audience.

Parihkh said the election equipment system was “horrible” and that federal oversight was a rubber stamp. Weible said that needed virus protection is being overlooked and counties must respond and make changes. Both said there was a safe way to keep the electronic equipment used by the disabled.

Those who spoke from the audience were not asked to identify themselves.

“I get tired of hearing all this crap about suing,” said one audience member who referred to his time as a county elected official. “I’m not afraid of it. Bring it on.”

Others said the county board had a chance to be in example by shifting to hand counting of ballots. There were other questions about the ability to still use electronic devices for the disabled but banning electronic equipment for other voters.

The commission did decide in February to conduct an audit of 100% of all votes in the primary election. The audit would be a hand count of ballots.

Neuharth said that option is a way to determine if the electronic equipment works.

When the open meeting started again just after 12:30 p.m., Frankenstein reminded the audience the board had only the choice to reject or accept the petition.

There could be no changes to the petition as presented, county states attorney Austin Hoffman said.

Commissioner Anthony Kunz said the petition process was not as transparent as it could have been to the public, based on input he’s received from the public who said they didn’t realize it was all electronic election equipment.

Some petition members in the audience indicated they would likely return with a new petition.

Frankenstein advised them to get a lawyer who understands state and federal election laws.

She and Hoffman said they could not advise petitioners because they work with and for the county board and that would be a conflict of interest.