Yes. Open source, but secret/classified (as necessary, IRS software should be open-source, period). This way the software will be a useful learning/historical resource when it's declassified in the future.
It's just like the biggest argument for open source in science: it is required for proper accountability.
- currently most electronic voting software is owned by the vendors
- electronic voting should really not be trusted, period, but definitely not be allowed to be closed source
- therefore, we should ban any electronic voting software not made on open source software (arguably even hardware)
- therefore, I am implying vendors of electronic voting software should only be allowed to use a fully open source software stack in their final product
I do not see the jump from this reasoning to any software used by the government must be open source (if I understand you correctly).
The person you're responding to is just making the positive observation that, since electronic voting software is licensed - not produced - by the government, you can't mandate it be open sourced via e.g. a FOIA request.
You are making a normative declaration that it should be open sourced because it's important and intrinsically untrusted software, and as a consequence it either will be or electronic voting won't be possible. These are separate things. You're talking about what ought to be, the other commenter is talking about what (currently) is.
Licensed products are an inevitable loophole to be exploited unless we stipulate rules for use-cases like this. Inevitable because some products will always be licensed, and mandating that everything the government uses must be open source is... well, actually, that sounds great, but even if such a policy were implemented that would be a slow, tough transition to make.
Why not?
That's perhaps a good reason for that part of the software to not be published and/or FOIA disclosable, but that's orthogonal to how it is licensed. If it's an original government work now it would be public domain (which is more open than open source), but still potentially confidential and nondisclosable.
If the entire work is, less so than if it was disclosable (although there are laws governing the government use of copyright protected work, and arguably there is a benefit to the public interest if the vendor has provided and open source license even if the work is not publicly disclosable.)
But practically, classification and, perhaps even moreso, the other exceptions to FOIA would often apply to limited portions of software systems rather than whole systems, as is often the case with other materials covered by FOIA.
Doesn't have to be complicated, pull 10% of the "simple" forms, 90% of complicated.
Simple forms would be the 1040EZ, 1040s w/ std deductions & no other "business" forms.