Voting System Paper Trail Requirements

6/27/2019

Introduction

In recent years, much attention has been placed on what kind of voting equipment is in use around the nation—and specifically whether the systems use a paper ballot or provide some other form of paper trail. State statutes govern this choice and thus state legislators are the policymakers in this area. Federal voluntary guidelines do not, at this point, address whether certifiable equipment must have an auditable paper record.  

This page addresses existing state requirements, first with a summary and then a state-by-state chart below.

 

  • Fourteen states require paper ballots.
    • Typically states with this requirement use optical scan voting machines for tabulation and also provide ballot marking devices for voters with disabilities (required by HAVA).
    • Included: Colorado, Florida, Georgia, Iowa, Michigan, Minnesota, Montana, New Hampshire, New Mexico, Oregon, Rhode Island, South Dakota, Vermont and Washington.
  • Seventeen states and Washington, D.C., require a voter-verifiable paper record for voting machines.
    • To meet this requirement, jurisdictions may use paper ballots and scanners, or an electronic voting machine (DRE) equipped with a device that produces a paper record that a voter can verify before the final act of casting a ballot. Note that some states in this group may have the requirement for a voter-verifiable paper record but have not had the funding to replace voting equipment in recent years, so in practice may have machines without a paper trail.
    • Included: Alaska, Arizona, Arkansas, California, Connecticut, District of Columbia, Hawaii, Idaho, Maine, Maryland, Nevada, New Jersey, New York, North Carolina, Ohio, Utah, West Virginia and Wisconsin.
  • Six states require voting machines to have a permanent paper record.
    • The language in these requirements does not necessarily require the paper record to be voter verifiable and, in some states, this has been interpreted to permit DREs to be used that do not have a voter verified paper audit trail. 
    • Included: Alabama, Illinois, Indiana (voter-verified paper trails will be required by 2029), Kansas, Mississippi and Pennsylvania.
  • Thirteen states do not have a statutory requirement for voting machines to have a paper trail. Of these:
    • Nine states (Delaware, Massachusetts, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Virginia and Wyoming) use paper ballots or machines with a paper trail statewide even though there is no statutory requirement.
    • Three states (Kentucky, Tennessee and Texas) have some jurisdictions with a paper trail and others without.
    • One state (Louisiana) uses the same equipment throughout the state, with no paper trail. Louisiana went through the process of selecting new equipment with a paper trail in 2018 but ran into funding problems.

Note that within a state there can be variation in the kind of voting equipment in use. County by county details on voting machines used in all 50 states can be found here: www.verifiedvoting.org/verifier/.

Statutory Requirements for Paper Ballots or Auditable Paper Trails

State Category  Bill/Year Statutory Excerpt Additional Notes
Alabama Permanent paper record HB 419 in 2003 Ala. Code 1975 §17-2-4 (2) a. The voting system shall produce a permanent paper record with a manual audit capacity for such system. Even though it isn’t statutorily required, all counties in Alabama use paper ballots.
Alaska Voter-verifiable paper record HB 459 in 2004

AS § 15.15.032 (c) The director shall provide for a paper record of each electronically generated ballot that can be:

(1) reviewed and corrected by the voter at the time the vote is cast; and

(2) used for a recount of the votes cast at an election in which electronically generated ballots were used.
 
Arizona Voter-verifiable paper record SB 1517 in 2006 (section most recently amended by SB 1437 in 2018) A.R.S. § 16-446 (7) Provide a durable paper document that visually indicates the voter's selections, that the voter may use to verify the voter's choices, that may be spoiled by the voter if it fails to reflect the voter's choices and that permits the voter to cast a new ballot. This paper document shall be used in manual audits and recounts.  
Arkansas Voter-verifiable paper record        HB 1360 and HB 2748 in 2005 (section most recently amended by SB 816 in 2015)

A.C.A. § 7-5-301 (b)(1) All direct recording electronic voting machines shall include a voter-verified paper audit trail, except that those direct recording electronic voting machines in use during the 2004 general election may include a voter-verified paper audit trail at the discretion of the county election commission.

(2) All direct recording electronic voting machines purchased on or after Jan. 1, 2006, shall include a voter-verified paper audit trail.

A.C.A. § 7-5-532

(c)(1) All direct-recording electronic voting machines in use on or after January 1, 2006, shall include a voter-verified paper audit trail, except for those direct-recording electronic voting machines in use during the 2004 general election.
See also A.C.A. §§ 7-1-101, 7-5-504, 7-5-532
At the time the 2015 legislation passed there were three counties in Arkansas (Union, Columbia and Ouachita) that used paperless DREs. These counties purchased new equipment in 2018 using HAVA security funds.
California Voter-verifiable paper record

SB 1438 in 2004
(section most recently amended by SB 360 in 2013)

West's Ann. Cal. Elec. Code § 19270

(a) The Secretary of State shall not certify or conditionally approve a direct recording electronic voting system unless the system includes an accessible voter verified paper audit trail …

(c) As of Jan. 1, 2006, all direct recording electronic voting systems in use on that date, regardless of the date it was contracted for or purchased, shall have received federal qualification and include an accessible voter verified paper audit trail. If the direct recording electronic voting system does not include an accessible voter verified paper audit trail, the system shall be replaced or modified to include an accessible voter verified paper audit trail.

(d) All direct recording electronic voting systems shall include a method by which a voter may electronically verify, through a nonvisual method, the information that is contained on the paper record copy of that voter's ballot.

(e) A paper record copy that is printed by a voter verified paper audit trail component shall be printed in the same language that the voter used when casting his or her ballot on the direct recording electronic voting system. For languages that lack a written form, the paper record copy shall be printed in English
California is transitioning to all-mail elections. Many counties provide paper ballots to voters by mail and offer ballot marking devices that facilitate the marking of paper ballots at polling locations.
Colorado Paper ballots and voter-verifiable paper record SB 05-198 in 2005 (section amended by HB 09-1335 in 2009)

C.R.S.A. § 1-5-802(1) In addition to the other requirements of this article, the voting system used in each primary, general, coordinated, or congressional district vacancy election held in the state on and after Jan. 1, 2010, shall have the capability to produce a voter-verifiable paper record of each elector's vote. Before an elector's vote is cast, the elector shall have the opportunity, in private and without assistance, to inspect and verify that the voter-verified paper record correctly reflects the elector's choices. Any political subdivision that has not complied with the provisions of this section on or before Jan. 1, 2009, shall comply with such provisions by Jan. 1, 2014.

Colorado conducts all-mail ballot elections and therefore most votes are cast on paper ballots. In-person locations offer accessible voting devices with a paper trail.
Connecticut Voter-verifiable paper record SB 55 in 2005 (section most recently amended by SB 939 in 2011)

C.G.S.A. § 9-242

(d) Any direct recording electronic voting tabulator approved by the Secretary of the State for an election or primary held on or after July 1, 2005, shall be so constructed as to:

(1) (A) Contemporaneously produce an individual, permanent, paper record containing all of the elector's selections of ballot preferences for candidates and questions or proposals, if any, prior to the elector's casting a ballot, as set forth in this subsection, and (B) produce at any time after the close of the polls a voting tabulator generated, individual, permanent, paper record of each such elector's selections of ballot preferences for candidates and questions or proposals, if any. Both the contemporaneously produced paper record and the voting tabulator generated paper record of each elector's selections of ballot preferences shall include a voting tabulator generated unique identifier that can be matched against each other and which preserves the secrecy of the elector's ballot as set forth in subdivision (4) of this subsection;
 
Delaware None   No statutory paper trail requirement Even though it isn't statutorily required, Delaware purchased a new statewide system in 2019 that includes a voter-verifiable paper record.
District of Columbia Voter-verifiable paper record B18-345 in 2009 (section last amended in 2016)

DC ST § 1-1001.09

(k)(1) Each voting system used in an election in the District occurring after Jan. 1, 2012, shall…

(B) Create a voter-verifiable record of all votes cast;

(C) Be capable without further modification of creating, storing, and exporting an anonymous separate machine record of each voter-verifiable record, showing each choice made by the voter…

(2) The voter-verifiable record shall be permanent and capable of being inspected for the purpose of audits and recounts. A voter-verifiable record need not be a paper ballot. A satisfactory voter-verifiable record shall include:

(A) A paper ballot prepared by the voter for the purpose of being read by a precinct-based optical scanner;

(B) A paper ballot prepared by the voter to be mailed, whether mailed from a domestic or an overseas location; and

(C) A paper ballot created through the use of a ballot marking device.
 
Florida Paper ballots HB 537 in 2007 (section last amended by HB 7013 in 2013)

West's F.S.A. § 101.56075

(1) Except as provided in subsection (2), all voting shall be by marksense ballot utilizing a marking device for the purpose of designating ballot selections.

(2) Persons with disabilities may vote on a voter interface device that meets the voting system accessibility requirements for individuals with disabilities pursuant to s. 301 of the federal Help America Vote Act of 20021 and s. 101.56062.

(3) By 2020, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the federal Help America Vote Act of 20021 and s. 101.56062 which are consistent with subsection (1) of this section.
A “marksense ballot” as required in Florida is a paper ballot.
Georgia Paper ballots HB 316 in 2019

Ga. Code Ann. §21-2-300

(2) As soon as possible, once such equipment is certified by the Secretary of State as safe and practicable for use, all federal, state, and county general primaries and general elections as well as special primaries and special elections in the State of Georgia shall be conducted with the use of scanning ballots marked by electronic ballot markers and tabulated by using ballot scanners for voting at the polls and for absentee ballots cast in person, unless otherwise authorized by law; provided, however, that such electronic ballot markers shall produce paper ballots which are marked with the elector's choices ina format readable by the elector.

(3) The state shall furnish a uniform system of electronic ballot markers and ballot scanners for use in each county as soon as possible. Such equipment shall be certified by the United States Election Assistance Commission prior to purchase, lease, or acquisition. At its own expense, the governing authority of a county may purchase, lease, or otherwise acquire additional electronic ballot markers and ballot scanners of the type furnished by the state, if the governing authority so desires. Additionally, at its own expense, the governing authority of a municipality may choose to acquire its own electronic ballot markers and ballot scanners by purchase, lease, or other procurement process.

 
Hawaii Voter-verifiable paper record HB 1740 in 2005 (section amended by HB 2900 in 2006)

HRS § 16-42

No electronic voting system shall be used in any election unless it generates a paper ballot or voter-verifiable paper audit trail that may be inspected and corrected by the voter before the vote is cast, and unless every paper ballot or voter-verifiable paper audit trail is retained as the definitive record of the vote cast.
 
Idaho Voter-verifiable paper record HB 283 in 2005 (section last amended by HB 491 in 2012) I.C. § 34-2409 (6) For all elections conducted after 2004, no direct recording electronic voting device shall be used unless the direct recording electronic voting device has a voter-verifiable paper audit trail. Any certifications of a direct recording electronic voting device without a voter-verifiable paper audit trail are hereby declared null and void.  
Illinois Permanent paper record SB 428 in 2003 (section last amended by SB 172 in 2014)

10 ILCS 5/24C-1

The purpose of this Article is to authorize the use of Direct Recording Electronic Voting Systems approved by the State Board of Elections. In a Direct Recording Electronic Voting System, voters cast votes by means of a ballot display provided with mechanical or electro-optical devices that can be activated by the voters to mark their choices for the candidates of their preference and for or against public questions. Such voting devices shall be capable of instantaneously recording such votes, storing such votes, producing a permanent paper record and tabulating such votes at the precinct or at one or more counting stations.
 
Indiana Permanent paper record. A voter-verifiable paper record is being phased in over the next ten years. SB 268 in 2003, SB 570 in 2019

IC 3-11-15-43

(b) As required by 52 U.S.C. 21081, the voting system must:

(1) produce a permanent paper record with a manual audit capacity for the system; and

(2) provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced.

(c) The paper record produced under subsection (b) must be made available as an official record for a recount or contest conducted with respect to any election in which the voting system was used.

 

IC 3-11-15-13.3

However, a voting system vendor may not market, sell, lease, or install a voting system described in this subsection.

(c) A county may not continue to use an electronic voting system after December 31, 2029, unless the:

(1) system includes a voter verifiable paper audit trail; and

(2) certification of that system by the commission has not expired.

While a permanent paper record is required, that has not been interpreted to mean a voter-verifiable paper audit trail. Some counties use paperless DREs. Counties may not continue to use electronic voting machines after December 31, 2029 unless they have a voter-verifiable paper record.
Iowa Paper ballots SF 639 in 2007 (section last amended by SF 475 in 2011)

I.C.A. § 52.2

Notwithstanding any provision to the contrary, for elections held on or after Nov. 4, 2008, a county shall use an optical scan voting system only. The requirements of the federal Help America Vote Act relating to disabled voters shall be met by a county through the use of electronic ballot marking devices that are compatible with an optical scan voting system.
 
Kansas Permanent paper record HB 2539 in 2018

K.S.A. 25-4406

Electronic or electromechanical voting systems approved by the secretary of state:

(k) shall provide a paper record of each vote cast, produced at the time the vote is cast;

K.S.A. 25–4403

(d) On and after the effective date of this act, no board of county commissioners in any county may purchase, lease or rent any direct recording electronic system, as defined in K.S.A. 25–4401(d), and amendments thereto. On and after the effective date of this act, no board of county commissioners in any county may purchase, lease or rent any electronic or electromechanical voting system, unless such system:

(1) Provides a paper record of each vote cast, produced at the time the vote is cast…
 
Kentucky None   No statutory paper trail requirement. In 2018 the State Board of Elections moved to require all future election equipment purchased in Kentucky to provide a voter-verified paper trail.
Louisiana None   No statutory paper trail requirement. Even though it isn’t statutorily required, in 2018 Louisiana began the process of purchasing new voting equipment statewide, likely with a paper trail.
Maine Voter-verifiable paper record  

21-A M.R.S.A. § 812

A voting machine used in the conduct of state elections must meet the following requirements.

10. Paper audit trail. Except for an accessible voting system that must be provided by 2006 in compliance with the federal Help America Vote Act of 2002 as provided in section 812-A, subsection 1, it must produce or employ permanent paper records of the votes cast that are able to be verified by individual voters before their votes are cast and that provide a manual audit capacity for the machine…
 

Maryland

 

Voter-verifiable paper record HB 18 in 2007 (this section was last amended by SB 893 in 2009)

MD Code, Election Law, § 9-102

Voter-verifiable systems

(a) In this section, a “voter-verifiable paper record” includes:

(1) a paper ballot prepared by the voter for the purpose of being read by a precinct-based optical scanner;

(2) a paper ballot prepared by the voter to be mailed to the applicable local board, whether mailed from a domestic or an overseas location; and

(3) a paper ballot created through the use of a ballot marking device…

(d) The State Board may not certify a voting system unless the State Board determines that:

(1) the voting system will:

(vi) be capable of creating a paper record of all votes cast in order that an audit trail is available in the event of a recount, including a manual recount; and

(vii) provide a voter-verifiable paper record that:

1. is an individual document that is physically separated from any other similar document and not part of a continuous roll;

2. is sufficiently durable to withstand repeated handling for the purposes of mandatory random audits and recounts; and

3. uses ink that does not fade, smear, or otherwise degrade and obscure or obliterate the paper record over time;
 
Massachusetts None   No statutory paper trail requirement. Even though it isn’t statutorily required, all jurisdictions in Massachusetts use paper ballots with optical scanners and ballot marking devices for voters with disabilities.
Michigan Paper ballots HB 5644 in 2018

M.C.L.A. 168.795

(1) An electronic voting system acquired or used under sections 794 to 799a1 must meet all of the following requirements…

(b) Utilize a paper ballot for tabulating purposes.
Although the requirement for paper ballots was just passed in 2018, Michigan has had a uniform optical scan system with paper ballots since 2003.
Minnesota Paper ballots HF 874 in 2005 (amended by SF 2743 in 2006)

M.S.A. § 206.80

(a) An electronic voting system may not be employed unless it:

(7) provides every voter an opportunity to verify votes recorded on the permanent paper ballot, either visually or using assistive voting technology, and to change votes or correct any error before the voter's ballot is cast and counted, produces an individual, discrete, permanent, paper ballot cast by the voter, and preserves the paper ballot as an official record available for use in any recount.

(b) An electronic voting system purchased on or after June 4, 2005, may not be employed unless it:

(1) accepts and tabulates, in the polling place or at a counting center, a marked optical scan ballot; or

(2) creates a marked optical scan ballot that can be tabulated in the polling place or at a counting center by automatic tabulating equipment certified for use in this state.
 
Mississippi Permanent paper record SB 2829 in 2005 (last amended by HB 467 in 2017)

Miss. Code Ann. § 23-15-531.1

(2) No DRE unit shall be acquired or used in accordance with this chapter unless it shall:

(d) Produce a permanent paper record with a manual audit capability;

(e) Have the capability to print the ballots cast by electors;
 
Missouri None   No statutory paper trail requirement. Even though there is no statutory requirement for a paper trail, only DREs with a voter verified paper audit trail (VVPAT) are certified for use in the state See the secretary of state’s announcement from 2004 here.
Montana Paper ballots HB 297 in 2005 (section last amended by HB 19 in 2009)

MCA 13-17-103 (1) A voting system may not be approved under 13-17-101 unless the voting system:

(k) uses a paper ballot that allows votes to be manually counted;
 
Nebraska None   No statutory paper trail requirement Even though there is no statutory requirement, all jurisdictions in Nebraska use paper ballots.
Nevada Voter-verifiable paper record SB 453 in 2003 (amended by AB 569 in 2007)

N.R.S. 293.2696

The secretary of state and each county and city clerk shall ensure that each voting system used in this state:

2. Allows each voter to verify privately and independently the votes selected by the voter on the ballot before the ballot is cast and counted;

4. Provides a permanent paper record with a manual audit capacity;

N.R.S. 293B.084

1. A mechanical recording device which directly records votes electronically must:

(d) Be capable of providing a record printed on paper of:

(1) Each ballot voted on the mechanical recording device; and

(2) The total number of votes recorded on the mechanical recording device for each candidate and for or against each measure.

2. The paper record described in paragraph (d) of subsection 1 must be printed and made available for a manual audit, as necessary.

N.R.S. 293B.103

If a mechanical voting system is used whereby votes are directly recorded electronically, a voting receipt may be used.
 
New Hampshire Paper ballots HB 1118 in 2006

N.H. Rev. Stat. § 656:1-a

For purposes of facilitating the examination and recounting of votes cast, all elections shall be conducted using paper ballots in accordance with this title.

N.H. Rev. Stat. § 656:41

The commission shall, whenever requested, examine any device which may be capable of meeting the requirements for elections held in this state. The commission shall approve such device in its discretion, and no device shall be used in any election in this state unless it reads the voter's choice on a paper ballot and is of a type so approved by the ballot law commission.
 
New Jersey Voter-verifiable paper record AB 13 in 2005 (last amended by AB 3648 in 2009)

N.J.S.A. 19:48-1

b. (1) By Jan. 1, 2009, each voting machine shall produce an individual permanent paper record for each vote cast, which shall be made available for inspection and verification by the voter at the time the vote is cast, and preserved for later use in any manual audit…

(2) The provisions of paragraph (1) of this subsection shall be suspended until: (i) the Secretary of State and the State Treasurer certify in writing that sufficient funds have been provided by the federal government and received by the State to offset the entire cost of ensuring that each voting machine used in this State produces an individual permanent paper record for each vote cast; or (ii) the annual appropriation act contains an appropriation of sufficient funds to ensure that each voting machine used in this State produces an individual permanent paper record for each vote cast and such appropriated funds have not been reserved by the Governor under a spending reduction plan; or (iii) the Secretary of State and the State Treasurer certify in writing that sufficient funds have been provided by the federal government and received by the State, and the annual appropriation act contains an appropriation of sufficient unreserved funds, to ensure, when such funds are combined, that each voting machine used in this State produces an individual paper record for each vote cast.
As of 2019 sufficient funding has not been provided as per subsection (2) and DREs without a paper trail are still used in New Jersey.
New Mexico Paper ballots SB 295 in 2006 (last amended by HB 98 in 2017)

N. M. S. A. § 1-9-7.1

A. All voting systems used in elections covered by the Election Code shall use a paper ballot on which the voter physically or electronically marks the voter's choices on the ballot itself.
 
New York Voter-verifiable paper record AB 8969/SB 5877 in 2005

McKinney's Election Law § 7-202

1. A voting machine or system to be approved by the state board of elections shall…

j. retain all paper ballots cast or produce and retain a voter-verified permanent paper record which shall be presented to the voter from behind a window or other device before the ballot is cast, in a manner intended and designed to protect the privacy of the voter; such ballots or record shall allow a manual audit and shall be preserved in accordance with the provisions of section 3-222 of this chapter;
 
North Carolina Voter-verifiable paper record SB 223 in 2005 (section last amended by SB 486 in 2018)

N.C.G.S.A. § 163A-1115 (a)

… The State Board may certify voting systems only if they meet the requirements set forth in this section and only if they generate a paper ballot which provides a backup means of counting the vote that the voter casts. Those voting systems may include optical scan and direct record electronic (DRE) voting systems that produce a paper ballot. Among other requirements as set by the State Board, the certification requirements shall require at least all of the following elements:

(4) With respect to electronic voting systems, that the voting system generate a paper ballot of each individual vote cast, which paper ballot shall be maintained in a secure fashion and shall serve as a backup record for purposes of any hand-to-eye count, hand-to-eye recount, or other audit. Electronic systems that employ optical scan technology to count paper ballots shall be deemed to satisfy this requirement.

(5) With respect to DRE voting systems, that the paper ballot generated by the system be viewable by the voter before the vote is cast electronically, and that the system permit the voter to correct any discrepancy between the electronic vote and the paper ballot before the vote is cast.
 
North Dakota None   No statutory paper trail requirement. Even though there is no statutory requirement, all jurisdictions in North Dakota use paper ballots.
Ohio Voter-verifiable paper record HB 262 in 2004

R.C. § 3506.10

No voting machine shall be approved by the board of voting machine examiners or certified by the secretary of state, or be purchased, rented, or otherwise acquired, or used, except when specifically allowed for experimental use, as provided in section 3506.04 of the Revised Code, unless it fulfills the following requirements:

(P) On and after the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002, if the voting machine is a direct recording electronic voting machine, it shall include a voter verified paper audit trail.
 
Oklahoma None   No statutory paper trail requirement, though “ballot” is defined as “a printed paper document upon which votes for various offices or measures may be marked;” (26 Okl. St. Ann. § 6-102.1) Even though there is no statutory requirement, all jurisdictions in Oklahoma use paper ballots.
Oregon Voter-verifiable paper record and paper ballots HB 2167 in 2005

O.R.S. § 246.560

(1) A voting machine may not be approved by the Secretary of State unless the voting machine is constructed so that it:

(h) Contains a device that will duplicate the votes cast by each elector onto a paper record copy.

(i) Contains a device that will allow each elector to view the elector's paper record copy while preventing the elector from directly handling the paper record copy.
Oregon conducts all-mail ballot election and therefore most votes are cast on paper ballots. In-person locations offer accessible voting devices with a paper trail.
Pennsylvania Permanent paper record  

25 P.S. § 3031.1

“Electronic voting system” means a system in which one or more voting devices are used to permit the registering or recording of votes and in which such votes are computed and tabulated by automatic tabulating equipment. The system shall provide for a permanent physical record of each vote cast.
The Pennsylvania Secretary of State announced in April 2018 a requirement for counties to have voter-verifiable paper record voting systems selected by the November 2019 election. The state is providing 2018 HAVA security funds to help counties with the purchase. In February 2019 the governor included $75 million over the next five years in his budget proposal for this purpose.
Rhode Island Paper ballots HB 8561/SB 2426 in 1996 (section last amended by HB 6312A/SB 999A in 2015)

R.I. Gen. Laws § 17-19-3

(4) The precinct counting system shall meet the following specifications:

(v) As part of the voting process, there shall be created a physical ballot showing the votes cast by an individual voter that is capable of being hand counted so that electronic-recorded device totals can be checked for accuracy;
 
South Carolina None   No statutory paper trail requirement. In 2019 South Carolina announced the purchase of a new statewide system that will permit voters to make their selections on ballot marking devices that then print a paper ballot.
South Dakota Paper ballots HB 1013 in 2018 South Dakota previously defined direct recording electronic voting machine (DRE) and listed requirements for their use, but a 2018 bill deleted sections dealing with DREs and left only paper ballots, electronic ballot marking system and optical scan as defined in statute (see SDCL § 12-17B-1 Although the requirement for paper ballots was just passed in 2018, South Dakota has had paper ballots in place for some time.
Tennessee None   No statutory paper trail requirement. The Tennessee Voter Confidence Act (enacted in 2008 HB 1256/SB 1363) required any voting system in use after 2009 be optical scanners that tabulate paper ballots. That requirement was subsequently removed (see HB 0386/SB 1203 in 2011). As of 2018, many Tennessee counties still use DREs with or without paper trails.
Texas None   No statutory paper trail requirement.  
Utah Voter-verifiable paper record and paper ballots HB 1005 in 2005 (section last amended by SB 94 in 2018)

Utah Code Ann. § 20A-5-302

(xiii) for voting equipment certified after Jan. 1, 2005, produce a permanent paper record that:

(A) shall be available as an official record for any recount or election contest conducted with respect to an election where the voting equipment is used;

(B)(I) shall be available for the voter's inspection prior to the voter leaving the polling place; and

(II) shall permit the voter to inspect the record of the voter's selections independently only if reasonably practicable commercial methods permitting independent inspection are available at the time of certification of the voting equipment by the lieutenant governor;

(C) shall include, at a minimum, human-readable printing that shows a record of the voter's selections;

(D) may also include machine-readable printing which may be the same as the human-readable printing …
Counties in Utah are permitted to conduct all-mail elections (UCA § 20A-3-302), and 27 of the 29 counties conducted the November 2018 elections by mail. In-person locations offer accessible voting devices with a paper trail. Counties that do not conduct all-mail elections use electronic voting machines with a paper trail.
Vermont Paper ballots

SB 202 in 2004 added “printed” ballots to §2478

 

SB 86 in 2014 added language in §2481 and §2493

17 V.S.A. § 2478

(a) For primary elections, the secretary of state shall furnish each town with a sufficient number of printed ballots based on the history of voter turnout in the town and in consultation with the town clerk.

(b) For general elections, the secretary of state shall furnish each town with a number of printed ballots approximately equal to 100 percent of the number of voters on the checklist for the primary election.

17 V.S.A. § 2481

Except in the case of voice votes from the floor, divisions, or voting at a floor meeting by paper ballot at a local election, no voting shall occur in any local, primary, or general election that does not use printed ballots.

17 V.S.A. § 2493

(e) A municipality only may use a vote tabulator as provided in this title that registers and counts votes cast on paper ballots and that otherwise meets the requirements of this title. A municipality shall not use any type of voting machine on which a voter casts his or her vote.
 
Virginia None   No statutory paper trail requirement. The Virginia State Board of Elections decertified all paperless DREs in 2015 and required all jurisdictions to purchase voting equipment with a paper trail.
Washington Voter-verifiable paper record and paper ballots SB 5395 in 2005 (amended by SB 5124 in 2011 that established a vote-by-mail system)

RCWA 29A.12.085

Beginning on Jan. 1, 2006, all direct recording electronic voting devices must produce a paper record of each vote that may be accepted or rejected by the voter before finalizing his or her vote. This record may not be removed from the voting center and must be human-readable without an interface and machine-readable for counting purposes. If the device is programmed to display the ballot in multiple languages, the paper record produced must be printed in the language used by the voter. Rejected records must either be destroyed or marked in order to clearly identify the record as rejected. Paper records produced by direct recording electronic voting devices are subject to all the requirements of chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit, and storage. The paper records must be preserved in the same manner and for the same period of time as ballots.
Washington conducts all-mail ballot elections and therefore most votes are cast on paper ballots. In-person locations offer accessible voting devices with a paper trail.

West Virginia

Voter-verifiable paper record HB 2950 in 2005 (last amended by SB 249 in 2015)

W. Va. Code, § 3-4A-9

(12)(A) Direct-recording electronic voting machines must generate a paper copy of each voter's vote that will be automatically kept within a storage container that is locked, closely attached to the direct-recording electronic voting machine and inaccessible to all but authorized voting officials, who will handle such storage containers and such paper copies contained therein in accordance with section nineteen of this article;

(B) The paper copy of the voter's vote shall be generated at the time the voter is at the voting station using the direct-recording electronic voting machine;

(C) The voter may examine the paper copy visually or through headphone readout, and may accept or reject the printed copy;

(D) The voter may not touch, handle or manipulate the printed copy manually in any way;

(E) Once the printed copy of the voter's votes is accepted by the voter as correctly reflecting the voter's intent, but not before, it will automatically be stored for recounts or random checks and the electronic vote will be cast within the computer mechanism of the direct-recording electronic voting machine;
 
Wisconsin Voter-verifiable paper record AB 627 in 2005 (last amended by SB 295 in 2016)

W.S.A. 5.91

… the commission may not certify any ballot, device, equipment, or material to be used in an electronic voting system unless it fulfills the following requirements:

(18) If the device consists of an electronic voting machine, it generates a complete, permanent paper record showing all votes cast by each elector, that is verifiable by the elector, by either visual or nonvisual means as appropriate, before the elector leaves the voting area, and that enables a manual count or recount of each vote cast by the elector.
 
Wyoming None   No statutory paper trail requirement.  

 

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