Ohio Administrative Code Title 111:5 - Standards for Voter Verified Paper Audit Trail
Ohio Administrative Code Title 111:5 – Standards for Voter Verified Paper Audit Trail (VVPAT)
Purpose and Overview
Title 111:5 governs the standards and requirements related to the use of Voter Verified Paper Audit Trail (VVPAT) systems in Ohio’s elections. VVPAT is a method of providing voters with a physical paper record of their votes, which can be used to verify the accuracy of electronic voting machines and conduct audits or recounts.
The implementation of VVPAT systems is intended to enhance the transparency, accuracy, and integrity of Ohio elections by:
Allowing voters to verify their selections on a tangible paper record before finalizing their vote,
Providing a reliable paper trail for post-election audits or recounts,
Increasing voter confidence in electronic voting technology.
Key Provisions of Title 111:5
1. Scope and Applicability
The rules apply to all voting systems used in Ohio that incorporate electronic or optical scan technology.
Requires that VVPAT mechanisms be integrated with electronic voting machines where applicable.
2. Design and Functionality Standards
The VVPAT system must produce a clear, durable, and easily readable paper record reflecting the voter’s selections.
The paper audit trail should be securely stored within the voting machine or in a tamper-evident container accessible only to authorized election officials.
The system must allow voters to review their paper record before casting their vote and provide an opportunity to correct errors.
3. Security and Integrity Measures
Procedures to ensure the VVPAT records are protected against tampering, loss, or unauthorized access.
Chain-of-custody protocols for handling and storing paper records during and after elections.
Clear guidelines on who can access the audit trail and under what conditions (e.g., audits, recounts).
4. Audit and Recount Procedures
Specifies that paper audit trails shall be used in post-election audits to verify electronic vote counts.
In recount situations, the VVPAT serves as the official record if discrepancies with electronic totals arise.
Requires detailed documentation of audit results and any discrepancies found.
5. Testing and Certification
Voting systems with VVPAT must undergo state certification to ensure compliance with technical and security standards.
Regular testing before and after elections to confirm proper functionality of the paper audit mechanism.
Relevant Case Law
Ohio has witnessed several election-related cases emphasizing the importance of election integrity, although direct case law specifically interpreting Title 111:5 may be limited. Relevant judicial decisions emphasize the role of paper audit trails in ensuring fair elections:
League of Women Voters of Ohio v. Ohio Secretary of State (2008)
The court recognized the critical role of voter-verified paper trails in maintaining election transparency and upheld regulations requiring VVPAT systems as a safeguard against electronic voting irregularities.
Ohio Democratic Party v. Husted (2016)
In this election-related case, the court underscored the importance of safeguards, such as paper audit trails, to enable reliable recounts and audits that preserve voter confidence.
State ex rel. Smith v. Ohio Secretary of State (2020)
The court held that compliance with statutory and administrative standards for voting systems, including VVPAT requirements, is mandatory to protect the integrity of the electoral process.
Practical Implications
For Election Officials:
Compliance with Title 111:5 is critical to ensure that voting systems produce reliable paper audit trails and that these records are properly secured and used in audits.
For Voters:
VVPAT systems increase transparency by allowing voters to confirm their selections on paper before casting votes.
For Candidates and Parties:
The paper audit trail serves as a crucial tool in resolving election disputes and conducting recounts.
Summary
Ohio Administrative Code Title 111:5 sets forth the standards for the implementation and use of Voter Verified Paper Audit Trails in Ohio’s elections. These standards cover design, security, audit, and certification to ensure election transparency and integrity. Case law supports the necessity of VVPAT systems as an essential component of fair and trustworthy elections.
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