Volokh's take



Volokh posts twice on the recall here and here doesn't address the legal issues but does look at the practical issues. He wonders if the error rate of deploying new technology maybe just as high as the old technology because "bugs" always need to get worked out in rolling out new voting systems. Here is an excerpt:
Now I don't think that this modest level of error would be unconstitutional. I think that as a policy matter, it might well make sense to risk some amount of such glitches in order to get things worked out for the future (if one thinks that over the long haul there'll be fewer problems with the new technologies than with the old, which I'll assume for now).

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