Facing what seemed to be an inevitable wave of touch-screen machines, computer scientists and election reform activists initially responded that these machines needed to produce a simultaneous paper record that the voter could examine before casting a vote electronically. This "voter verified paper audit trail" (VVPAT) would be retained and used in audits to verify, at least to some degree, the accuracy of the electronic tallies.

After initial resistance to the idea of the VVPAT, the four largest voting machine manufacturers eventually developed printer attachments to their pre-existing equipment. These printers were designed in the absence of standards or guidance and, not surprisingly, have proven to be disappointing at best. Many use thermal paper that cannot withstand multiple counts, and most utilize a reel-to-reel mechanism, similar to cash register tapes, that make auditing and recounting cumbersome. Many of the printed records are difficult to read or require the voter to constantly shift focus from the screen to the paper record. In practice the printers have proven to be prone to paper jams and other malfunctions that compromise their value as a check on electronic tabulation.

Many of the advocates who initially supported the addition of VVPAT printers to DRE voting machines are now questioning the wisdom of the solution. Their reassessment is based not only on the inadequacy of the current generation of printers, but rather on a more fundamental rejection of the practice of direct electronic recording of votes.

There seems to be little doubt that federal legislation requiring the minimum safeguard of a voter verified paper-audit trail and mandatory hand-counted audits will pass in the coming months, but given the experience in Sarasota County, many question whether this is an adequate response.

Thousands of Sarasota County voters apparently failed to notice that their vote did not appear on the review screen, and there is no compelling argument that those or other voters would have noticed the missing vote on a VVPAT printer. It is essential that any legislation requiring VVPAT also require that voters be notified of its significance and warned to verify their paper ballots before casting their votes. If VVPAT printers are to be used, they should be required to produce a durable paper ballot capable of withstanding multiple recounts and be usable by disabled voters as well.

Whenever electronic voting machines are used, the initial count is generated with software, whether that count is derived from marks on paper or electronic impulses transmitted from a touch-screen to create a wholly digital record. A voter verified paper ballot, at least theoretically, provides a "software independent" record that serves as an independent means of verification for use in audits and recounts. (Paper ballots marked by the voter, of course, serve that function in situations in which ballots are counted by scanners.) But would a voter verified paper record be a reliable record of voter intent, and, given the considerable problems experienced with paper jams and other printer failures, would the primacy of the paper ballot hold up in court?

A BETTER WAY TO VOTE—Many states have already come to the conclusion that a paper ballot voting system, with ballots either counted by hand or with optical scanners, is not only more accurate and reliable but it is also significantly less expensive. Innovative ballot-marking devices and other systems have allowed 17 entire states and jurisdictions in another 16 states to retain paper ballot systems while still providing voters with disabilities and language minority voters with the opportunity to cast their votes privately and independently. Other states seem certain to follow the lead of New Mexico and Connecticut, where initial plans to purchase touch-screen voting machines were abandoned in favor of paper ballot systems. Federal legislation should help states and counties that want to make the transition to paper ballot systems.

Rep. Rush Holt (D-NJ) has announced his intention of introducing an enhanced version of his Voter Confidence and Increased Accessibility Act, which enjoyed the co-sponsorship of a majority of the members of Congress in the last session. Holt says that the new bill will encourage the adoption of paper ballot systems and establish strict standards for verifiability, accessibility, and security for all voting systems.

While not calling for the elimination of DREs, Holt's legislation would address a wide range of issues from ballot verification and mandatory random audits to public disclosure of voting system software to prohibiting conflicts of interest between the voting machine manufacturers and the laboratories that test their equipment to federal standards. Senator Dianne Feinstein (D-CA) has indicated that she will introduce similar, if not identical, language. These issues will also be addressed in bills to be introduced by Senator Hillary Clinton and others.

In its new session, Congress can focus attention on our nation's election process through its investigation of the Sarasota County election contest, and through oversight hearings. Now is the time for meaningful change so that in 2008 our votes can be cast with confidence and counted properly.