Voter-verified Paper Audit Trail - Legal Questions

Legal Questions

One important question of VVPAT systems is when should an audit be performed? Some have suggested that random audits of direct recording electronic voting machines be performed on Election Day to protect against machine malfunction. However, the partial tallying of votes before the polls have closed could create a problem similar to the occurrence in American national elections where a winner is declared based on East Coast results long before polls have closed on the West Coast. In addition, the partial tallying of votes before the polls have closed may be illegal in some jurisdictions. Others have suggested that random audits of direct recording electronic voting machines be performed after the election or only in the event of a dispute.

In the event an audit is performed after the election and a discrepancy is discovered between the ballot count and the audit count it is unclear which count is the authoritative count. Some jurisdictions have statutorily defined the ballot as the authoritative count leaving the role of an audit in question. Because VVPAT is a recent addition to direct record voting systems the authority question remains unclear.