State Rejects Challenge to ExpressVote XL From Paper Ballot Purists

The ExpressVote XL with male model 

Under Pennsylvania's Election Code, ten or more citizens have the right to challenge the Department of State's certification of a voting system. That's exactly what happened to the ExpressVote XL voting system, a hybrid that combines a voter-verified paper trail with the simplicity of a touch screen. This system was certified by both the federal and state governments in November 2018. Eight months later, a consortium of paper ballot purists filed a challenge, which triggered an automatic re-examination. This was conducted,off-site, in August. On September 3, the Department of State rejected the challenge (read report here) and has maintained its certification.

This petition for re-examination was signed by 200 citizens in "Free Speech for People," "National Election Defense Coalition," and  "Citizens For Better Elections." With a full quiver, they launched 10 separate attacks on the ExpressVote XL in the vain hope that at least one of them might hit its intended target. They missed.

Seven of these arrows were batted away because "they amount to purely legal arguments which do not apply to the reexamination or certification of an electronic voting system."

The first argument considered is that it's possible to tamper with the machine. I suppose it's possible to tamper with any voting system, but independent examiners were unable to do so after two days of testing.

Second, paper ballot purists complained that the paper ballots cast into a secured black box are in chronological order, making it possible to determine how someone voted. This was rejected because the votes go into a sealed black box that is never seen by poll workers. Also, when the ballot boxes are returned, the paper ballots are commingled by the county elections office before the canvas (official count).

Third, if a voter decides he is unhappy with his paper ballot, he can "quit" and ask for a new ballot. Because an elections worker must retrieve the spoiled ballot, these "better elections" people complain a poll worker might see the spoiled ballot. Well, they might see a spoiled paper ballot, too. Moreover, the ballot is located on the far right side of the machine and is very difficult to review unless a concerted effort is made. Moreover, it's a spoiled ballot that goes right into a spoiled ballot envelope, not the actual vote  So there's no privacy violation.

These "better election" groups are naturally still complaining, but the company that makes the ExpressVote XL feels vindicated.

""We appreciate that the DOS conducted its due diligence and we respect the right of anyone who wants to ask questions and learn more about our voting machines," said Election Systems and Software VP Steve Pearson. "Many counties throughout the Commonwealth have already been experiencing positive results with demonstrations and trainings. We look forward to working with all counties utilizing our systems and ensuring that they have the tools necessary for proper education and outreach."

This system worked flawlessly in Warren County in November and in Delaware in May.

"Accessible and secure elections are our goal in Northampton County, and we have a system that’s passed the test twice!" said NorCo Exec Lamont McClure.