Election contract inquiry sought

Voting machine bids questioned

BY CLAY BARBOUR
Of The Post and Courier Staff

COLUMBIATwo state legislators have asked for an official investigation into the S.C. Election Commission's handling of statewide voting machine contracts.

Sens. Jake Knotts, R-West Columbia, and Greg Gregory, R-Lancaster, submitted a letter to the State Law Enforcement Division on Wednesday, asking Chief Robert Stewart to look into alleged "wrongdoings" by the commission.

The letter contained information provided to Knotts by Scott Borchardt, president of Palmetto UniLect, one of the companies passed over for the $36 million contract in April.

Technical problems with the contract, awarded to Nebraska-based Election Systems & Software, forced the state's chief procurement officer to re-solicit proposals in June. The deadline for new proposals is Friday.

Knotts, who has long been a critic of the plan to use a single voting system statewide, has followed the entire process closely. He was one of three senators, including Gregory and Senate President Pro Tem Glenn McConnell, R-Charleston, to raise questions early in the process.

"There have been a lot of rumors, innuendoes and accusations submitted to me," Knotts said. "I just felt it was time to clear the air so we can put this thing to bed once and for all and move forward."

SLED spokesman Lt. Mike Brown confirmed that Stewart received the letter Wednesday and said the agency would seek legal advice on the matter.

Commission Director Marci Andino said she had not seen the letter and could not comment on the accusations.

"I can tell you that the procurement code was followed," she said.

Borchardt has leveled several accusations at the commission, including charges that Andino had a "pre-existing" relationship with ES&S and that she steered the process toward them.

Before taking over at the commission, Andino worked for Unisys, a company specializing in computer system integrations and server technology.

In 2002, ES&S and Unisys teamed up to bid for Georgia's statewide voting system. The companies later formed an alliance to provide statewide voter registration systems nationwide. Andino worked for Unisys during its partnership with ES&S in Georgia.She has denied a conflict because Unisys isn't involved in the South Carolina deal. She also denied influencing the ion committee in ES&S' favor.

ES&S beat out seven companies for the original contract. Palmetto UniLect was one of three companies to file complaints against the commission, which ultimately led state officials to start the process over.

Borchardt said his company will resubmit a bid Friday, but he doubts it will succeed.

"The ion has already been set," he said. "They know who they want to get this thing."

In October 2002, President Bush signed the Help America Vote Act into law, allocating $3.9 billion to states and requiring they implement and maintain an interactive, centralized and uniform statewide computerized voter registration list by 2004. South Carolina is to receive $48 million in HAVA money.

In May, S.C. Attorney General Henry McMaster said he doubted the commission had the legal authority to require counties to participate in a uniform statewide voting system. The statement was just McMaster's opinion, but it raised the specter of impending trouble.

Should someone challenge the uniform system in court, regardless of which company is chosen to supply the systems, it very well could delay installation and training.

Andino has said the plan needs to be in place by midsummer to prepare adequately for the November election. Failure to have a system in place by then could cost the state $2 million in federal funds.