On September 28, the Georgia Supreme Court unanimously upheld Georgia’s use of electronic vote-counting machines that don’t leave any paper trail or other audit trail. The case is Favorito v Handel, S09A1367. The decision, which is only eleven pages long, is here.

The lower court had not permitted a trial, so the case was decided with virtually no evidence on either side. The Georgia Supreme Court expended very little effort on its decision. It is mostly quotations from other courts from other states that also ruled nothing in any Constitution protects the right of voters to vote using methods that provide an audit trail. The Court also said, on page 9, “The undisputed evidence shows that the touch-screen machines accurately record each vote when they are ‘properly operated’, which is odd, since the plaintiffs were never given an opportunity to present evidence.