Voting machine pay flap unsettled

By JOHN MARTIN Courier & Press staff writer 464-7594 or jmartin@evansville.net
July 2, 2004

Bills owed to Vanderburgh County's voting machine vendor remain unpaid, and the Election Board concluded Thursday that it can't force county commissioners to pay them.

County commissioners have refused to pay Election Systems & Software because new voting machines that the county received from the company, and successfully used in the May 4 primary, do not meet a national certification standard.

County commissioners were promised certified equipment by Election Systems & Software before they signed a $2.95 million contract with the company.

Indiana is receiving federal funds to cover the cost of new local election equipment. Vanderburgh County last spring received an initial check of about $520,000.

When those funds should be sent to Election Systems & Software has become a disputed point among the Election Board, which has two Republicans and one Democrat, and the county commission, which has two Democrats and one Republican.

County Clerk Marsha Abell, an election board member, has urged county commissioners to pay the vendor because bills are due.

But after meeting in a closed session for 30 minutes on Thursday, election board members said they have no legal means to make those payments occur.

"The contract is between Election Systems & Software and Vanderburgh County Commissioners, and those two parties are who have to resolve the situation," said Les Shively, the election board's attorney.

Shively added, however, that language in the contract indicates that the vendor, if it chose to do so, could repossess the voting equipment if a bill is more than 60 days late. Commissioners should be aware of that, Shively said. The vendor has thus far showed no sign that it wants to repossesses Vanderburgh County's voting equipment.

Vanderburgh County, meanwhile, apparently does not have to worry about the status of future reimbursements from the state if Election Systems & Software is not immediately paid, said Don Vowels, the election board's Democratic member.

Vowels said he has been told by state election officials that regardless of when Vanderburgh County releases its first reimbursement to Election Systems & Software, "that won't delay any further checks from coming."

No additional reimbursement checks are expected until August, Vowels said.

Concern about the status of future reimbursement checks was the stated reason for an emergency meeting of the election board that was conducted Monday morning. County Attorney Kevin Winternheimer, who is hired by county commissioners, said he considered Monday's meeting illegal because no emergency existed.

Three other counties besides Vanderburgh County were sold uncertified election equipment by Election Systems & Software.

Johnson County has received reimbursement payments from the state and sent those to the vendor, said Joe Pitcher, executive assistant to the county commissioners. Pitcher said Johnson County's new voting equipment has now been used in two elections, and "it's worked flawlessly."

Henry County has yet to receive any reimbursement for its equipment, according to County Clerk Patricia French. French said she would not support sending any reimbursements the county receives to Election Systems & Software until its voting equipment is certified.

Wayne County has received one reimbursement payment, but it is waiting to hear from the state about certification before any payments are made to the vendor, County Clerk Sue Anne Lower said.

The Indiana Election Commission required Election Systems & Software to post a $10 million bond from damages they could incur from using uncertified election equipment. The vendor has been ordered to get the equipment it sold to Vanderburgh and the other counties certified by Oct. 1.