A DRE machine with a paper trail works by having the voter see the actual printed paper before committing the vote. How can an attacker overcome the paper record that has been verified by the voter before the vote is committed? Thats why I said that risk limiting audit where you perform statistical analysis on the paper ballots is the best of all worlds. It allows quick results and if there is either a close election or an anomaly from the audit then the entire paper backup is counted manually.
Fortunately many states have already laws on the books to automatically trigger a manual count if the election is within a specific extremely close margin but I believe they should also do the risk auditing on all elections which is still something that activists are working towards getting implemented.
>It's already too late. The winners will contest statistic analysis and say fake news then tie it and any recount up in lawsuits. (perhaps combined with arranging for some ballots to be destroyed in secondary storage so any recount would be contestable too)
That implies that the election staff is compromised. Each ballot has a unique serial number(at least in the states I have looked at).
>So why not avoid the issue entirely and go paper ballots with independent observers.
I have also been involved in a lawsuit contesting an election in NY. The bigger issue is not intimidation of staff or potential destruction of ballots(there are mitigations for both of those), its that when the ballots themselves are ambiguous (say in the case of a person marking a paper ballot incorrectly) then it allows legal maneuvers to dismiss ballots and swing an election which is exactly what happened in the recount triggered by the lawsuit. We had a number of paper ballots marked incorrectly and it was not possible to reach the voters in time to have their vote registered correctly so the election was lost by the person filing the lawsuit.
This issue would have been avoided by a electronic machine producing clean paper records verified by voters and are not ambiguous in a recount.