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Explore the legal arguments in a groundbreaking New York state court case challenging the use of barcode-based voting technology in this conference talk from DEF CON 33's Voting Village. Examine the ongoing litigation Common Cause NY v. Kosinski, which contests the legality of the ES&S ExpressVote XL all-in-one ballot marking device and tabulator under New York law. Learn how the ExpressVote XL records votes in barcodes that are unreadable to the naked eye, and understand Common Cause NY's assertion that this practice violates New York statute requiring all voters to have the opportunity to verify their votes before casting them. Discover the broader implications of this case, including how the federal Help America Vote Act contains similar verification provisions and how a favorable ruling could spark further legal action nationwide. Analyze the controversial nature of recording votes in barcodes or QR codes, examining precedents such as Colorado Secretary of State Jenna Griswald's 2019 initiative to end barcode vote encoding and Donald Trump's executive order seeking to prohibit such encoding in federally certified voting machines. Gain insight into the specific legal arguments at stake in the New York case and understand the potential repercussions this litigation could have for voting technology practices across the United States.
