The ExpressVote XL, a touchscreen voting machine that tabulates votes using barcodes, is seeing increased use in New York State elections, despite ongoing legal challenges and political controversy. Most recently, Monroe County deployed the machines in school board elections involving 32,000 voters, marking the largest use of the system in the state to date.
Developed by Election Systems & Software (ES&S), the ExpressVote XL allows voters to make selections on a 32-inch touchscreen, which then prints a paper ballot containing a summary of choices and a barcode. The barcode is scanned to record the vote. Proponents argue that the system enhances accessibility, particularly for voters with disabilities, and streamlines the voting process. Monroe County officials have highlighted features such as enlarged fonts, audio interfaces, and compatibility with assistive devices as improvements over previous systems.
However, critics, including election integrity advocates and organizations like Common Cause New York, contend that the barcode-based system prevents voters from verifying their selections, as the barcode is not human-readable. They argue this violates New York Election Law, which requires that voters be able to verify their ballots independently and privately. Susan Lerner, executive director of Common Cause New York, stated that the most secure way to vote is via paper ballots that the voter marks directly.
In November 2023, Common Cause New York, The Black Institute, and five individual voters filed a lawsuit against the New York State Board of Elections, seeking to block the certification and use of the ExpressVote XL machines. The plaintiffs argue that the machines’ reliance on barcodes for vote tabulation undermines transparency and voter confidence. The case was initially dismissed in April 2024 due to a lack of demonstrated harm, as the machines had not yet been used in an election. However, the plaintiffs have appealed the decision, and oral arguments are scheduled for later this year.
Legislative efforts to ban barcode-based voting systems in New York have also encountered obstacles. Bills mandating voter-verifiable paper ballots and banning barcode-based vote encoding have passed the State Senate but repeatedly stalled in the Assembly. Advocates blame this on competing legislative priorities and lobbying efforts by ES&S. State Senator Cordell Cleare, a sponsor of the bill, emphasized that preserving voter trust requires ensuring ballots can be directly verified.
The ongoing legal and legislative uncertainty has left counties in a precarious position. Monroe County’s agreement with ES&S allows for the return of the machines with a refund if a court decertifies them before July 2026. However, the contract does not clearly address the outcome if legislative action bans the devices. Counties like Erie and Nassau have voiced concern about potential financial and logistical consequences if the machines are ultimately prohibited.
Adding another layer to the debate, President Trump issued an executive order in March 2025 directing the U.S. Election Assistance Commission to discourage the use of barcode-based voting, except where required for accessibility. While this reflects a federal preference, its enforceability remains limited, as states retain control over election administration.
As court challenges and policy debates continue, the future of the ExpressVote XL remains unresolved. New York counties are caught between the promise of modernized voting systems and the pressing need to maintain voter confidence through transparent, verifiable elections.
