Testimony of Lt. Col. Tony Shaffer before the Pennsylvania Legislature in favor of Paper Ballots March 26, 2019

Thank you Chairmen Folmer and Williams, Whip Gordner, and members of the Committee for inviting me to testify today. I am here to express my concerns with Senate Bill №48 and to address the national security implications of Pennsylvania’s continued use of insecure paperless voting systems.

I have 38 years of experience in national security and cyber security, including operational work with the FBI, NSA, and CIA. I created and directed the first undercover offensive Cyber Unit at the Department of Defense. I continue to advise the Pentagon, the Army War College, key members of the US Congress, and members of President Trump’s Cabinet on cyber threat mitigation, technology vulnerabilities, and related threat intervention issues.

I am here to warn the Pennsylvania General Assembly that the Keystone State’s paperless direct-recording electronic (DRE) machines are an open target for foreign adversaries seeking to undermine the integrity of our elections. Do not be mistaken, paperless machines can be compromised — this has been proven. I know from experience that any computer can be hacked including computers used to count votes like in Pennsylvania. I used to be the one looking to exploit vulnerabilities in the bad guys’ computers. Even if a voting machine is not directly connected to the internet at the time of voting, it must accept input files at some point. This is how the machine’s software is upgraded and how the new ballots are added to the machine for each election. These input files are added via an internet connection, or via some type of memory device prepared on another computer that might have been connected to an insecure network. Multiple opportunities to enter malware into a voting system exist throughout the chain of custody of these voting systems.

Unfortunately, a majority of Pennsylvania voters cast their votes using DREs. DREs use computers that record vote choices directly to computer memory with no other record of voters’ choices. If the machine malfunctions or is hacked, there is no way that votes can audited or recounted. Alternatively, the other systems used in Pennsylvania — optical scan systems — incorporate a voter-marked paper ballot. Once a voter marks his selections on the ballot, it is run through an optical scanner for tallying and is then retained for an audit or recount. So the paper ballots provide a way to check that the computer reported the results accurately. It is my judgment that Pennsylvania must act to replace all paperless DRE machines with secure optical scan systems in time for the 2020 elections.

I am concerned that Senate Bill №48 could slow down Pennsylvania’s current efforts to replace its vulnerable paperless voting systems. Under this legislation, if the commonwealth were to decertify voting systems used in half or more of the counties, the Department of State would be required to submit a written plan to the legislature 180 days prior to the decertification took effect. The legislature would then establish a commission to review the plan, hold at least two public hearings, and issue a written report. Senators, you do not have time for commissions and reports — your paperless systems are in our adversaries’ crosshairs NOW. I understand that the legislature and counties should inform and participate in the process to replace Pennsylvania’s vulnerable systems, and I encourage the Governor and Secretary of the Commonwealth to include you in a transparent process. But SB 48 is not the answer. Too much is at stake. If Pennsylvania does not act fast, it will be the only swing state without paper records of the intent of voters for the 2020 election.

I urge the General Assembly to include adequate funding in this year’s budget to help counties replace their paperless voting systems. Election officials and national advocacy groups believe the cost to replace the existing equipment, including training, voter outreach, and logistics could reach $150 million. The Governor’s budget asks for only $15 million this year — 10% of the actual estimated cost — and would include an additional $15 million each year over the next 4 years. I view the Governor’s proposal as insufficient. I am a fiscal conservative, but election security is a priority worth investing in.

This is not a partisan issue. This is an issue of national security. The threat of election interference is known and real. The solution to this problem is known and achievable: voter-marked paper ballots and robust audits. I urge you to take necessary action to protect our democracy and ensure that all Pennsylvanians cast their votes on secure paper ballots in 2020.

Key points for Q&A:

If a DRE was hacked, we might not ever know it.

I know how our foreign adversaries work. They look for the easiest targets to exploit. If Pennsylvania fails to act now, your elections could be the easiest target 2020.

In 2020, the election could be decided by Pennsylvania and its electoral votes. Now 18 years after the election disaster of 2000, with the infamous hanging chads, Florida continues to suffer from a negative reputation. I encourage you to prioritize investing in election security, so that Pennsylvania does not suffer the same fate in 2020.

Once paper ballots are in place, Pennsylvania can conduct mandatory routine post-election audits that use statistical methods to verify the accuracy of the reported results. If these paper ballot and audit safeguards are implemented, Pennsylvania will be able to uncover machine malfunctions or election interference and use the paper ballots to ensure the correct results, so your constituents can be confident that their votes are cast as intended and counted as cast.

Pennsylvania should support the Trump Administration’s endorsement of paper ballots and answer Homeland Security Secretary Kirstjen Nielsen’s call for “all state and local election officials to make certain that by the 2020 presidential election, every American votes on a verifiable and auditable ballot.”