The Brennan Center sent letters to eight states (Indiana, Kansas, Kentucky, Mississippi, New Jersey, South Carolina, Tennessee and Texas) that use paperless DRE voting machines as the primary polling place equipment in at least some of their jurisdictions. The letters called on these states to transition to paper-based voting systems, noting the likelihood of litigation after this year’s election in light of a recent opinion in Curling v. Kemp, in which a federal court in Georgia acknowledged the expert consensus that these systems do not provide sufficient security and may violate voters’ constitutional rights. Given that these eight states will be unable replace their paperless voting machines before the midterm elections, the Brennan Center offered suggestions to minimize the risks associated with using them this November. In addition to Georgia, four other states (Arkansas, Delaware, Louisiana, Pennsylvania) also use paperless voting machines, but all have taken steps to replace their remaining paperless systems before 2020.
The Brennan Center submitted testimony before the Pennsylvania Senate State Government Committee urging the state to provide immediate financial support to local and state election officials in their efforts to replace paperless voting machines.
Cyberattacks pose a growing threat to our election infrastructure, and while efforts to prevent these attacks are critical, it is as important to ensure preparations are in place to quickly and effectively recover if those efforts are unsuccessful. This toolkit is designed to help officials, advocates, and policy makers devise a strong contingency plan that will ensure eligible voters are able to exercise their right to vote and have those votes accurately counted.