Prevent and Recover from Voting Equipment Failures

Even under the best of circumstances, equipment failures occur. For digital or optical-scan voting systems, recovery in case of an equipment failure can be relatively fast; as ballots are already printed, voting can continue while the tabulator issue is resolved. As a Brennan Center report on voting machines notes, jurisdictions that rely on direct-recording electronic (DRE) machines can face more problems in the event of a failure, since “voters may have to wait in long lines while election workers scramble to repair them.”

These problems can occur when jurisdictions use ballot-marking devices (BMDs) and ballot-on-demand (BOD) printers as well. In the event of a system failure, these machines will not function until repaired or replaced, and jurisdictions using them will need to print ballots in advance of the election to allow voting to continue. Regardless of the voting system used, election officials should conduct logic and accuracy testing on all voting equipment prior to every election in order to minimize the chance of unforeseen failures on Election Day.

If using paper ballots, print enough ballots for all registered voters. Many election officials using paper ballots decide how many ballots to print on the basis of prior election turnout or the percentage of registered voters expected to vote. This approach can result in ballot shortages and leave jurisdictions unprepared for unexpected voter surges. This happened across the country during the 2018 midterm elections, when turnout reached historic levels, and many experts predict record-breaking turnout in 2020. To prepare, election officials should print enough ballots for all registered voters. Jurisdictions that allow Election Day registration may require an even higher ballot supply.

If using voting systems that do not require preprinted ballots, print enough emergency paper ballots for two to three hours of peak voting activity. Emergency ballots should be provided to voters who are identified as qualified and meeting all the requirements for voting pursuant to state law but who are unable to vote due to a voting machine malfunction. Emergency ballots are different from provisional ballots, which are given to voters whose eligibility is unclear. Emergency ballots should be counted as soon as functional voting equipment becomes available, without any additional scrutiny of voter qualifications, unlike provisional ballots, which may require research on voter eligibility. Printing enough emergency ballots for two to three hours of peak voting activity will allow voting to continue until equipment can be repaired or replaced, or until additional paper ballots can be delivered to a polling place. For the November 2020 election, this will require enough provisional ballots for at least 35 percent of registered voters. Appropriate procedures should be put in place for chain of custody and accounting for preprinted paper ballots.

DRE voting systems directly record, in electronic form, voters’ selections in each race or contest on the ballot. An increasing number of states and local jurisdictions have begun replacing antiquated DREs with BMDs as the primary voting option. Others are increasingly using vote centers, which often rely on BOD printers to produce on-site any ballot style and language that might be needed for a particular voter. Because these systems do not need preprinted ballots, election jurisdictions using DREs, BMDs, or BOD-printed ballots as their primary voting option should preprint and distribute emergency paper ballots that can be counted by existing tabulators. There are 16 states that will use DREs as the principal polling place equipment in at least some jurisdictions in 2020. However, at least seven do not mandate that paper ballots be made available in the event of DRE failure.

In vote centers that have a large number of ballot styles, preprinted emergency ballots for at least the precincts closest to that vote center should be stocked. Vote centers can also be stocked with master copies of emergency paper ballots in all necessary styles and languages, along with a photocopier to reproduce them in emergency situations.

Tabulators should be programmed to accept and read both ballots produced by the BMD/BOD printers and preprinted emergency ballots. Preelection testing should verify that the tabulators properly identify and record both types of ballots.

Develop procedures to manage and track malfunctioning equipment or equipment failure. Machines that appear to be malfunctioning or improperly calibrated should be taken out of service and additional voting equipment deployed to the polling place or vote center. Recalibrating DRE touch screens or conducting any other necessary voting equipment repairs should be done in full view of observers. Any reports from voters of machine errors should be tracked and immediately reported to the central election office. Election offices should review and compare these reports across voting locations to identify trends that could indicate widespread problems, including potential cyberattacks. Training should ensure that poll workers understand the process for counting ballots, including potentially hand-counting ballots, if equipment failure cannot be resolved before voting ends.

Communicate with voters to build trust in the election process. Election officials should preprint signage that will allow poll workers to inform voters of equipment failures in a manner that is consistent across locations and approved by the election office. On Election Day, poll workers should ensure that voters are not directed to use machines that are suspected of producing erroneous records.

Poll workers should also take steps to make sure that voters accurately recorded their selections on their ballots. When using hand-marked paper ballots that are counted without the help of an optical scanner, poll workers should remind voters to check their ballots to prevent overvotes, which occur when voters make more selections than the number allowed. When using DREs with a voter-verifiable paper audit trail (VVPAT) or BMDs, poll workers should clearly explain to voters how their ballots will be cast and remind them to verify that the paper printout matches the selections they made on the machine. For example, when using BMDs that print a ballot that must then be scanned by a separate machine, poll workers should say to voters, after their ballot has been printed and before it is cast: “Don’t forget to check the printed ballot carefully. If you see something wrong, you can get a replacement. Then you’ll go [over there] to cast it.”

Take steps to prevent late polling place openings due to equipment failures. Inoperable voting equipment should not prevent the timely opening of a polling place. Late polling place openings can lead to long lines and voters leaving without an opportunity to cast a ballot. Poll workers should be trained to deal with equipment failures occurring on the morning of Election Day. Voters should be allowed to vote using emergency paper ballots if voting equipment is not operable when the polls open. Poll workers should explain to voters how their ballots will be counted once working voting equipment becomes available.

Plan to assist voters with disabilities if voting machines fail. If accessible voting machines fail and paper ballots are used instead, disabled voters may not be able to vote privately and independently. Jurisdictions with sufficient resources should have backup accessible voting equipment, with all ballot styles available (similar to what would be used at a central voting site for early voting), geographically dispersed so that it can be rapidly delivered to any polling place where accessible equipment has failed. In the longer term, jurisdictions might consider providing each polling place with accessible tablets and printers to be used by voters with disabilities in the event of equipment failure. Poll workers should be appropriately trained on any backup systems used to provide accessibility.



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