A few reactions to Eugene Volokh on electronic voting machines

This post responds to Eugene’s post here.
1. Eugene is right that some independent audit is absolutely necessary in case of a recount of votes cast with electronic voting machines (DREs). But a paper receipt is controversial. First, if you allow the receipt out of the polling place, you allow the possibility of vote buying because one can confirm how one voted. There are also the problems of additional machinery and printers breaking down. On the other side, some computer scientists have raised serious concerns about security of DRE machines. The National Institute of Standards and Technology is going to address this question soon and I hope give some good guidance on where to go.
2. Eugene mischaracterizes the nature of the ACLU’s claim. (Disclosure: I filed a brief supporting the ACLU). The claim was to eliminate punch cards, not to adopt DREs. In fact, Los Angeles will not move to DREs until at least 2005. L.A. was planning on using a new, unproven system, however, which would use optical scans cast on something like punch card machines. My view was that the recall should have been conducted in Los Angeles County using paper ballots. There were only four questions, it would have been easy to count, and recount if necessary.
UPDATE: Eugene and I exchange more here. See also this post on Cranial Cavity.

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