The dedicated, unstoppable EI activists Bob Fitrakis and John Roberts Brakey are leading an Ohio lawsuit to preserve ballot images created by the newly developed digital scanners that photograph each hand-marked paper ballot as scanned. And so the public can use either the scanned images or the paper ballots for recounting.
But recounts are hard enough to obtain, as well documented in the recent attempts in the wake of Election 2016. An accurate recount might have put Hillary Clinton into office. But preservation of digital ballots is considered optional; they may also be deleted. Fitrakis and Brakey maintain that the digital images are public records that must be preserved. In Ohio, 56 counties destroyed paper records when faced with a recount that might have reversed their desired totals. And so Ohio's true 2004 presidential election results will never be known.