Why Software Escrow Is Becoming a Key Safeguard in Election Tech   

As election systems become more reliant on complex software, the need for independent verification and continuity has never been greater. A recent legal case in New York highlights just how critical it is to have robust mechanisms in place to support transparency – not only for election officials and election tech providers, but for the public whose trust is at stake. 

One tool that’s proving particularly relevant in this evolving landscape: software escrow. 

Legal Pressure Reveals the Need for Deeper Technical Oversight 

In a challenge to the 2024 U.S. election results, a lawsuit filed in Rockland County, NY has moved into the discovery phase, with plaintiffs requesting technical information related to the voting machines used. These requests include information about software,  system logs, configuration data, and other forensic details that could be used to verify how the machines operated. 

The court’s approval of these discovery demands reflects a broader trend: voting systems are increasingly expected to stand up to legal and technical scrutiny. And to do that, critical data — including source code — must be securely preserved and accessible when required. 

How does Software Escrow Strengthen Trust in Complex Systems?

Software escrow is well-established in industries where technology is mission-critical. Utilizing a trusted third-party to securely hold source code, documentation, and related digital assets, with strict conditions for when that material can be accessed and used. 

In the context of elections, software escrow can offer several important benefits: 

  • Access to essential data in the event of a dispute or legal inquiry 
  • Independent validation of system behaviour without relying solely on the vendor 
  • Continuity planning in case of vendor failure or withdrawal 
  • Greater confidence among stakeholders – from regulators to voters – that the systems in place are accountable and auditable 

Importantly, software escrow does all this without disrupting the vendor’s intellectual property rights or commercial agreements. It simply ensures that, should the need arise, the critical components of the system are protected and retrievable under clearly defined terms.

How can Software Escrow Strengthen Trust in Election Processes?

This case isn’t an isolated incident. Also in New York, the State Board of Elections’ decision to move management of voting system software in-house has also come under fire from many observers who have raised concerns about conflicts of interest and the overall security of New York’s electoral process. 

This reaction is indicative of a broader shift. Election authorities, legal bodies, and the public are all in their own way shining a spotlight on transparency, resilience, and accountability in election infrastructure. 

Software escrow isn’t a policy – it’s a practical safeguard. It supports the integrity of critical systems by ensuring that essential software components can be examined, maintained, or transitioned when required. 

As jurisdictions around the world evaluate how to strengthen trust in their election processes, software escrow is emerging as a vital part of the conversation – not because it’s new, but because it’s reliable, proven, and increasingly relevant. 

How Does The Escrow Company Help Governments, Technology Vendors, and Legal Teams?

At The Escrow Company, we work with governments, technology vendors, and legal teams to deliver independent software escrow services that support transparency, resilience, and long-term continuity. Whether you’re managing sensitive voting systems or supporting public-sector clients with high-stakes technology, we offer: 

  • Customised software escrow agreements aligned to legal and regulatory requirements 
  • Flexible release conditions that protect both software providers and election authorities 
  • Experience in critical infrastructure environments where public confidence matters 
  • Independent verification services to ensure that deposited source code is complete, functional, and can be rebuilt if needed – giving stakeholders real assurance that continuity plans will hold up under pressure 

Let’s Talk

If you’re involved in election technology – or advising those who are – and want to better understand how software escrow can support trust and accountability, we’re here to help. 

Get in touch with our team or explore how our software escrow solutions can protect what matters most.Â