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See this update:

• Judge Tosses Ohio Voting Software Lawsuit

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Election Day is just a few hours old, and already there is voting controversy and a lawsuit in Ohio, a crucial swing state.

According to mashable.com and other media reports, late last week, a leaked work order revealed that John Husted, Ohio’s Republican secretary of state, had installed something called EXP on central tabulation machines in 39 of Ohio’s 88 counties.

EXP is called an “experimental software patch,” according to the company’s work request to ES&S -- the nation's largest e-voting system manufacturer. Or, as the Secretary of State’s office has called it, it's a “reporting tool."

“Deliberate tampering of that data using uncertified, untested software would be child’s play.”

However, an Ohio politician has filed suit, prompting a judge to rule whether those “patched” machines can legitimately be used in the vote count at 9 a.m. on Election Day.

“What ES&S has chosen to do here is extremely dangerous and exactly what you’d want to do if you wanted to plant a cheat onto the central tabulator,” voting machine security expert James March said in the report. “Deliberate tampering of that data using uncertified, untested software would be child’s play.”

However, calling the politician’s case a “ridiculous lawsuit,” an Ohio secretary of state spokesperson said the office had cleared this EXP work order by the appropriate federal agency.

Patch will have continuing updates of local, state and national election matters.

-- Do you fear voter fraud in Ohio or other swing states in the presidential election? When do you think actual results will be known? Speak out in the comments below.

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