Two secretaries of state, Republicans Dean Heller in Nevada and Matt Blunt in Missouri, have required that DREs in their states have a voter-verified paper ballot for the November election. Sequoia is producing the Mercuri VVPAT on demand for Nevada, and several small election companies, including Avante and AccuPoll, have built Mercuri attachments, won their certification and are ready to sell them to local jurisdictions now. Among the thirty-one other states with DRE voting systems in some of their jurisdictions, as of early summer legislatures in five had rejected requiring the paper trail, another nine were considering such a requirement and seventeen had no such proposal before them.

In swing-state Ohio, under procedures approved by Republican Secretary of State Kenneth Blackwell, thirty-one counties decided they would not use paperless DREs in November, and three said they would. Blackwell then ruled that because of unsolved security problems, none of them will. In Maryland, which imposed Diebold DREs statewide in 2002, the Board of Elections ruled that paper ballots cast in the March primary by citizens who did not want to vote on the DREs would not be counted. That's now in the courts. The Campaign for Verifiable Voting presented 13,000 signatures for a paper trail and called for the resignation of the state elections chief, Linda Lamone, who, sitting tight, said, "I think everything is going to be just fine." In Texas, Representative Ciro Rodriguez, chair of the Congressional Hispanic Caucus, was renominated by 150 votes until 419 "found votes" made challenger Henry Cuellar the winner. Rodriguez is contesting the outcome, but since the voting in Bexar County (San Antonio) was conducted on DREs, the votes there can't be recounted. "There's no paper trail to verify what was put in," Cuellar said.

A paper trail will not assure that elections won't be stolen in the DREs. "The only thing the VVPAT will do is give us the ability to prove that it happened," says Roxanne Jekot of Cumming, Georgia, a self-taught computer specialist who has become one of the most effective activists against paperless computerized voting. "There is nothing to deter that single outsourced information-technology worker [from manipulating the machine]. Nobody can prove that he did it."

Many states require recounts if an outcome in a computer-counted race is within a margin of less than 1 percent or a half or quarter percent, but that invites crooked programmers, if any such be at work, to jimmy their rigged outcomes to fall outside the recount-triggering spreads.

Furthermore, a paper trail isn't an audit unless the ballots are recounted. Even before the advent of touch-screen systems, obtaining actual recounts of elections was becoming more difficult. Election officials, election companies and state laws have often combined to block recounts or discourage narrowly losing candidates from getting them. Incredibly, in 2002 the legislature in Nebraska, the home state of Election Systems & Software, outlawed recounts of the paper ballots in the ES&S optical-scan computerized ballot-counting systems that tally 85 percent or so of the votes in that state. Colorado requires that for elections conducted on DRE machines, recounts must be conducted on the very same machines.

In Alabama two years ago, during a controversy over an election for governor conducted mostly on op-scan machines, Attorney General Bill Pryor, backing up the sheriff in one questioned county, ruled officially that under state law anyone recounting the ballots would be subject to arrest. This year President Bush, circumventing Senate hearings, elevated Pryor to the Eleventh Circuit Court of Appeals in a recess appointment.

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