A system and method for enabling a stylus to be used with a touch sensor even after it has failed in an open mode or a closed mode, wherein the tethered stylus activates the inking function when the stylus is in contact with the touch sensor and deactivates the inking function when the stylus is lifted off the surface of the touch sensor when the switch is functioning properly, but when there is a failure of the switch in the open mode or the closed mode, enabling the tethered stylus to continue functioning by using a timer to activate the inking function when the tethered stylus is close enough to be detected by a touch sensor, and to deactivate the inking function when the tethered stylus is no longer detectable by the touch sensor.