New voting machines not certified
Wayne Co.: Equipment has not been approved by the state of Indiana

By Rebecca Helmes
Staff writer for the Palladium-Item of Richmond, IN

Election Systems & Software is working fast to Wayne County's touchscreen voting machines after the Indiana Election Commission found the company's products in at least three counties were not certified with the state.

The Indiana Election Commission is issuing a subpoena to ES&S, requiring the company explain why it provided Wayne, Henry and Johnson counties, and possibly three more counties, with voting equipment that had not been certified as accurate and approved for use in Indiana.

Members of the Indiana Election Division discovered these counties were using a version of touchscreen firmware an essential part of the system that falls between hardware and software that had not been approved for use in Indiana. The discovery was made while going through applications for reimbursement funds for the new election systems.

Wayne County Clerk Sue Anne Lower said although the equipment was not certified in the state of Indiana, the equipment had been approved at the federal level.

She said the equipment did not affect the election's outcome.

The Wayne County attorney and commissioners have been notified of the problem, and Lower hopes the certified firmware is completely installed in the voting machines by Tuesday.

Wayne County has not paid anything for the voting machines yet. The county won't pay ES&S until state and federal reimbursements come in.

The state is sending out nearly $4 million in reimbursements to 10 counties, with none of the money going to Wayne, Henry or Johnson counties.

"I assume we will be on the list (to receive reimbursement) once the firmware has been corrected," Lower said.

Lower said she did not know before the election that the firmware version used here was not certified.

To get approved, the firmware will have to be tested by an independent laboratory. ES&S had applied in August to have the firmware approved but the commission couldn't grant approval without the correct certification.

There is no penalty for using uncertified equipment in Indiana.