For over 15 years, election security experts and election integrity advocates have been communicating to their state and local election officials the dangers of touch-screen voting machines. The danger is simple: if fraudulent software is installed in the voting machine, it can steal votes in a way that a recount wouldn’t be able to detect or correct. That was true of the paperless touchscreens of the 2000s, and it’s still true of the ballot-marking devices (BMDs) and “all-in-one” machines such as the ES&S ExpressVote XL voting machine (see section 8 of this paper*). This analysis is based on the characteristics of the technology itself, and doesn’t require any conspiracy theories about who owns the voting-machine company.
In contrast, if an optical-scan voting machine was suspected to be hacked, the recount can assure an election outcome reflects the will of the voters, because the recount examines the very sheets of paper that the voters marked with a pen. In late 2020, many states were glad they used optical-scan voting machines with paper ballots: the recounts could demonstrate conclusively that the election results were legitimate, regardless of what software might have been installed in the voting machines or who owned the voting-machine companies. In fact, the vast majority of the states use optical-scan voting machines with hand-marked paper ballots, and in 2020 we saw clearly why that’s a good thing.
In November and December 2020, certain conspiracy theorists made unsupportable claims about the ownership of Dominion Voting Systems, which manufactured the voting machines used in Georgia. Dominion has sued for defamation.
Dominion is the manufacturer of voting machines used in many states. Its rival, Election Systems and Software (ES&S), has an even bigger share of the market.
Apparently, ES&S must think that amongst all that confusion, the time is right to send threatening Cease & Desist letters to the legitimate critics of their ExpressVote XL voting machine. Their lawyers sent this letter to the leaders of SMART Elections, a journalism+advocacy organization in New York State who have been communicating to the New York State Board of Elections, explaining to the Board why it’s a bad idea to use the ExpressVote XL in New York (or in any state).
ES&S’s lawyers claim that certain facts (which they call “accusations”) are “false, defamatory, and disparaging”, namely: that the “ExpressVote XL can add, delete, or change the votes on individual ballots”, that the ExpressVote XL will “deteriorate our security and our ability to have confidence in our elections,” and that it is a “bad voting machine.”
Well, let me explain it for you. The ExpressVote XL, if hacked, can add, delete, or change votes on individual ballots — and no voting machine is immune from hacking. That’s why optical-scan voting machines are the way to go, because they can’t change what’s printed on the ballot. And let me explain some more: The ExpressVote XL, if adopted, will deteriorate our security and our ability to have confidence in our elections, and indeed it is a bad voting machine. And expensive, too!…