Alabama Attorney General Steve Marshall posted this on Tuesday night.
Digital images of ballots are not required in the event of a recount or an election contest. Original paper ballots are preserved while electronic images generally are not preserved. The same records have always been used in election contests and recounts.
The vast majority of Alabama ballot scanning machines are not programmed to preserve the images. To change them, as the plaintiffs seek, would not mean simply flipping a switch, but would require the third-party vendor, Elections Systems and Software, to travel to 2000 voting machines around Alabama to change them. This process could not be completed in a day. To attempt it the day before and day of the election would cause chaos, confusion, and delay.
At https://law.justia.com/codes/alabama/2013/title-17/chapter-7/section-17-7-21/ it says:
“(b) Notwithstanding subsection (a), no electronic vote counting system shall be used unless it has been constructed so that it:.........(12) Is capable of accurately and correctly tabulating each vote and having the same so certified.”
How does the counting system in AL certify the correct tabulation of each vote?