In a last-minute filing, Diebold asked the court to exempt it from the new requirements, and in an extraordinarily broad order, allowing it to avoid placing its source code in escrow with the state and identifying programmers who contributed to the code. Diebold argued that since it uses Microsoft Windows software it would be impossible to provide the names of every programmer who worked on Windows. In spite of assurances from the State Board of Elections that in supplying the source code, vendors could merely explain why some information is unavailable, Diebold remained concerned about possible legal exposure. A company spokesman said that Diebold had no choice but to withdraw their bid.

The case was argued on behalf of election integrity activist Joyce McCloy of North Carolina Coalition for Verified Voting by the Electronic Frontier Foundation (EFF). "The new law was passed for a reason: to ensure that the voters of North Carolina have confidence in the integrity and accuracy of their elections," said EFF Staff Attorney Matt Zimmerman in a press release issued over the weekend. "In stark contrast to every other equipment vendor that placed a bid with the state, Diebold went to court complaining that it simply couldn't comply with the law. Diebold should spend its efforts developing a system that voters can trust, not asking a court to let it bypass legal requirements aimed at ensuring voting integrity." AP News Article Arstechnica.com Report