The act of placing a copy of a vendor's voting system source code in the hands of an independent agent, who is obligated to release the source code to a jurisdiction upon the occurrence of stated events, such as an allegation of tampering. The need for escrow is premised on the claim by the vendors that voting system source code contains trade secrets, which should not have to be exposed to jurisdictions in the normal course. However, there is no guarantee that any code deposited into escrow actually conforms to the compiled code installed in voting machines, and the protection afforded by escrow is illusory. Nevertheless, many states rely on code escrows for election integrity: "The process by which a third party having no direct or indirect financial interest with a vendor holds, for safekeeping, the source code, including all changes or modifications and new or amended versions. A financial interest would exist if the third party, for instance, included a vendor's stocks in its portfolio." Cal. Regs. §20623. Similarly in New York. N.Y. Election Laws (consol.) §7-208. "Ballot tally software program source code(s) (or hereinafter: `source code') shall be placed in escrow in order to: (a) Protect and enhance the integrity of elections by ensuring that ballot tally software programs used in California elections have not been tampered with or otherwise altered and that elections continue to accurately reflect the will of the voters as expressed by their votes on computer-read ballots; (b) Create a record of all versions, including changes or modifications of the source code materials placed in escrow; (c) Create a record of all applications for access to the source code materials placed in escrow (d) Unless otherwise superseded by a contract between a vendor and an election jurisdiction, preserve the necessary source code information to permit the election jurisdiction to continue the use and maintenance of the source code in the event the vendor is unable, or otherwise fails, to provide maintenance." Cal. Regs. §20611. See also Wash. Admin. Code §434-335- 040(5).
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The act of placing a copy of a vendor's voting system source code in the hands of an independent agent, who is obligated to release the source code to a jurisdiction upon the occurrence of stated events, such as an allegation of tampering. The need for escrow is premised on the claim by the vendors that voting system source code contains trade secrets, which should not have to be exposed to jurisdictions in the normal course. However, there is no guarantee that any code deposited into escrow actually conforms to the compiled code installed in voting machines, and the protection afforded by escrow is illusory. Nevertheless, many states rely on code escrows for election integrity: "The process by which a third party having no direct or indirect financial interest with a vendor holds, for safekeeping, the source code, including all changes or modifications and new or amended versions. A financial interest would exist if the third party, for instance, included a vendor's stocks in its portfolio." Cal. Regs. §20623. Similarly in New York. N.Y. Election Laws (consol.) §7-208. "Ballot tally software program source code(s) (or hereinafter: `source code') shall be placed in escrow in order to: (a) Protect and enhance the integrity of elections by ensuring that ballot tally software programs used in California elections have not been tampered with or otherwise altered and that elections continue to accurately reflect the will of the voters as expressed by their votes on computer-read ballots; (b) Create a record of all versions, including changes or modifications of the source code materials placed in escrow; (c) Create a record of all applications for access to the source code materials placed in escrow (d) Unless otherwise superseded by a contract between a vendor and an election jurisdiction, preserve the necessary source code information to permit the election jurisdiction to continue the use and maintenance of the source code in the event the vendor is unable, or otherwise fails, to provide maintenance." Cal. Regs. §20611. See also Wash. Admin. Code §434-335- 040(5).
Cite this term
Election Security Glossary. (2026). Escrow. In Election Security Glossary. Retrieved August 21, 2026, from https://electionsecurityglossary.com/glossary/escrow
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High consensus
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Multi-source
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