Florida: Democrats Go to Court to Compel Supervisors of Elections to Retain Electronic Ballot Images | Mitch Perry/Spectrum News
A group of Florida Democrats filed a lawsuit earlier this month, claiming that the supervisors of elections who are destroying electronic ballot images from vote scanning machines are in violation of state and federal law. Election law requires that supervisors of elections retain paper ballots for at least 22 months after an election, but approximately 40 of the 67 counties are not retaining their electronic ballots, according to the suit, which was filed on July 1 in the Second Judicial Circuit in Leon County. “It’s the redundancy. Instead of just one set of paper ballots, you have a set of paper ballots and you have the ballot images,” says attorney Chris Sautter, representing the group AUDIT Elections USA, which filed the lawsuit on behalf of a number of Florida Democrats. Digital vote scanners are in use throughout Florida as the mechanism by which voters cast ballots and the ballots are tabulated. These digital vote scanning systems replaced optical scanners over the course of the past decade. They function by capturing an electronic image of each vote on each ballot. As ballots are fed through digital scanners, the scanners automatically create an electronic image of each ballot that is automatically stored as an electronic file. In the 2018 general election in Florida, there were approximately 3,000 so-called “lost votes.” Sautter claims that those votes would have been counted if the ballot images were preserved, and thus there would have been a more accurate account.