County pondering election questions

By JOHN MARTIN Courier & Press staff writer 464-7594 or jmartin@evansville.net
March 30, 2004

With only 36 days before Vanderburgh County's new touch-screen voting equipment is to be plugged in for the May 4 primary election, county officials are still dealing with some weighty issues.

Vanderburgh's equipment has not been certified according to federal standards. But the Indiana Election Commission is allowing Vanderburgh and other counties in the same position to use the machines anyway.

The state's directive only applies to the primary, though. It's still unknown whether the equipment will be certified in time for the Nov. 2 general election and what Vanderburgh County would do if it is not.

County Attorney Kevin Winternheimer told County Commissioners on Monday that he spoke last week to a manager and attorney with Election Systems & Software, the manufacturer of Vanderburgh's voting equipment.

"They explained to me the equipment is certified by 1990 standards but not 2002 standards," as federal law requires, Winternheimer said.

Election Systems & Software employees also said the federal government frequently changes the standards, and meeting them is "like trying to hit a moving target," Winternheimer said.

Winternheimer said ES&S representatives told him that the type of equipment Vanderburgh County has will be certified "no later than October," only one month before the general election.

The equipment Vanderburgh County has was used successfully in the November 2003 election in three other Indiana counties. But those counties were surprised to learn after the election that the equipment they used was not certified. Winternheimer handed commissioners a $1.9 million invoice from ES&S. Commissioners said they want an ES&S representative and county Election Board members to attend an upcoming meeting to discuss Vanderburgh County's issues.

County officials are also trying to figure out how to get the machines, which weigh approximately 40 pounds, to the polling places prior to Election Day.

The Election Board has asked County Commissioners for assistance. They have discussed the possibility of using Vanderburgh County SAFE House inmates who are cleared to participate in work-release activities.

"There was discussion of bidding this out, but quite frankly the county doesn't have any money, or so we're told," County Election Board Attorney Les Shively said during a meeting Monday morning.

Commissioners, however, decided Monday night that they wanted to at least seek price quotes from companies that could deliver the voting equipment. They raised questions about liability to the county if SAFE House participants were used.

Commissioners said they'd talk about the issue again next Monday.