On Tuesday, the Technical Guidelines Development Committee (TGDC), the group drafting the next-generation Federal voting-machine standards, voted unanimously to have the standards require that new voting machines be software-independent, which in practice requires them to have some kind of paper trail.
(Officially, TGDC is drafting “guidelines”, but the states generally require compliance with the guidelines, so they are de facto standards. For brevity, I’ll call them standards.)
The first attempt to pass such a requirement failed on Monday, on a 6-6 vote; but a modified version passed unanimously on Tuesday. The most interesting modification was an exception for existing machines: new machines will have to be software-independent but already existing machines won’t. There’s no scientific or security rationale for treating new and old machines differently, so this is clearly a political compromise designed to lower the cost of compliance by sacrificing some security.
If you believe, as almost all computer scientists do, that paper trails are necessary today for security, you’ll be happy to see the requirement for new machines, but disappointed that existing paperless voting machines will be allowed to persist.
Whether you see the glass as half full or half empty depends on whether you see the quest for paper trails as mainly legal or mainly political, that is, whether you look to courts or legislatures for progress.
In court, the exception for existing machines will be strong, assuming it’s written clearly into the standard. It will be hard to get rid of the old machines by filing lawsuits, or at least the new standards won’t be useful in court. If anything, the new standards may be seen as ratifying the decision to stick with old, insecure machines.
In legislatures, on the other hand, the standard will be an official ratification of the fact that paper trails are preferable. The latest, greatest technology will use paper trails, and paperless designs will look old-fashioned. The exception for old machines will look like a money-saving compromise, and few legislators will want to be seen as risking democracy to save money.
As for me, I see legislatures more than courts, and politics more than lawyering, as driving the trend toward paper trails. Thirty-five states either have a paper trail statewide or require one to be adopted by 2008. The glass is already 70% full, and the new standards will help fill it the rest of the way.