From Levers to Digital: The Evolution of Voting Machine Patents and Electoral Integrity

As we continue to advance in the digital age, the evolution of voting machines remains a critical topic of discussion. The history of voting machine patents is a testament to the ongoing efforts to enhance the accuracy, security, and efficiency of our electoral processes.

The journey began in 1869 when Thomas Edison patented his “Electric Vote-Recorder” apparatus that allowed individuals to vote “yes” or “no” by flipping a switch one direction or another. An electric current was then used to record which direction the switch was flipped on one column or another on a piece of chemical paper. Although this was intended for use by legislators, it certainly inspired many subsequent versions of the voting booths.

In 1889 Jacob H. Myers received the first patent for a mechanical lever voting machine (U.S. Patent No. 415,549). This invention marked a significant departure from paper ballots, aiming to reduce fraud and human error. Myers' machine used a lever system to record votes, which was a revolutionary concept at the time. The Myers Automatic Booth was thought to prevent overvotes, speed up vote counting, and significantly reduce the chance of dishonest vote counting because the machine removed human error. They were first used in 1892 in Lockport, New York. By 1930, lever machines were installed in virtually every major city in the United States.

Fast forward to the 1960s, the introduction of electronic voting systems began to take shape. These early systems included the Optical Scan and the Votomatic punch card voting systems. The Optical Scan voting system is an electronic voting system that uses an optical scanner to read marked paper ballots and tally the results. It was first used in 1962 in Kern City, California, using a mark-sense system developed by the Norden Division of United Aircraft and the City of Los Angeles. In the Votomatic punch card voting system, the voter marks his or her choice by punching a hole in a prescored card marked with numbers which correspond to candidates and ballot issues in a separate booklet. The votes are then tabulated by a computerized counting machine. These systems became the most commonly used type of punch card voting system, but they also introduced new challenges, such as the infamous "hanging chads" issue during the 2000 U.S. presidential election.

In 1974, the Direct Recording Electronic (DRE) voting machine was patented (U.S. Patent No. 3,793,505), which became the basis of the later commercial design of the Video Voter system.  The commercial system was patented by Richard McKay, William Smith and Herman Deutsch (U.S. Patent No. 4,025,757). This voting system allowed the vote collection process to be automated by electronic transfer to and collection within a data center for reporting, thus eliminating problems associated with more mechanical systems. Georgia became the first state to use DRE voting machines statewide in 2002.

The 2000s saw a significant shift with the Help America Vote Act (HAVA) of 2002, which was enacted in response to the controversies of the 2000 election and signed by President Bush. HAVA provided federal funding to states to replace outdated punch card voting systems and mandated the use of more reliable and accessible electronic voting systems. This led to the development and widespread adoption of DRE voting machines. Interestingly, HAVA also mandated that polling places have at least one handicap-accessible voting device, guaranteed that any voter appearing on a registration list has the right to cast a provisional vote, assured that voters have the opportunity to review their selections before casting a ballot, established the Election Assistance Commission, and authorized $3.9 billion in federal funds for replacing lever machines and punch card voting systems with either DREs or optical scan systems with accessible ballot marking devices. In September of 2005, the Commission on Federal Election Reform, chaired by President Jimmy Carter and former U.S. Secretary of State James Baker, released a report entitled Building Confidence in U.S. Elections that made several recommendations for improving confidence in elections and modernizing election administration, including a recommendation that all DREs include voter-verified paper audit trails. These improvements to the DRE technologies have been the focus of more recent patenting efforts. 

As patent lawyers, it is fascinating to see how technology and intellectual property have played a pivotal role in shaping the tools that uphold our democratic processes. The continuous improvement and protection of these technologies are essential to ensuring the integrity of our elections.

For those interested in the detailed history and evolution of voting machine patents, we highly recommend exploring the comprehensive timeline provided by ProCon.org: Historical Timeline of Voting Machines.

Article by Carey Jordan, Partner and Chair of the IP Group