Activist Bev Harris and computer programmer Jim March filed a Qui Tam lawsuit in California against Diebold, alleging software bugs in the company’s equipment exposed the state’s elections to hackers.

The lawsuit was filed in November of 2003, but the suit was held under seal by the courts while various government attorneys decided whether or not to join the plaintiff’s. California State Attorney General Bill Lockyer unsealed the lawsuit on Friday.

“Qui Tam” is a provision of the Federal Civil False Claims Act that allows private citizens, also known as whistleblowers, to file a lawsuit on behalf of the U.S. Government against government contractors, and others who receive or use government funds in a fraudulent way. The whistleblowers share in any money recovered by the government.

The Qui Tam lawsuit filed by the Harris and March seeks to recover funds for the state of California from Diebold Election Systems. Under the Qui Tam provision, Harris and March could collect up to 30 percent of any money recovered by the State.

The state and county attorneys are still officially undecided as to whether to join the plaintiffs. If the government joins them, the plaintiffs and their attorney will split a 15% “bounty” on all funds recovered, said Harris in a statement. But, if the whistleblowers have to prosecute the entire matter without government legal assistance, the “bounty” jumps to 30 percent.

In addition, when fraud can be proven in a Qui Tam action under the California state law, damages are subject to triple damage penalties. In Alameda County alone, Deibold could have to pay up to $42 million, which would go towards restitution to California taxpayers.

Bev Harris is the founder of Black Box Voting, a consumer protection organization for elections.

(via Black Box Voting)