Deadline set for voting machine certification
By MICHAEL W. HOSKINS
Johnson County Daily Journal staff writer
mhoskins@thejournalnet.com

Aug. 4, 2004

Voters will be using paper ballots in November’s election unless Johnson County’s touchscreen voting machines are certified for use within two weeks.

Election Systems & Software, the company that sold the touchscreen voting machines to Johnson County, has been seeking state approval for months to use the machines.

To date, the company has not received authorization from the Indiana Election Commission to use a newer version of equipment components called firmware.

The three-member Johnson County Election Board voted Tuesday to scrap the new technology and use paper ballots in the upcoming presidential election unless the company can promise by Aug. 20 that equipment can legally be used.

“That’s about as far as we can string it to pull this election off,” said County Clerk Jill Jackson, who is one of three members of the election board.

State law requires absentee ballots to be printed by Sept. 25, and Jackson said she cannot wait much longer for the company’s response.

When asked why she did not recommend immediately switching to paper ballots, Jackson said she wants to give ES&S one last chance to get state approval for the touchscreen machines, which were used for the first time in May’s election.

“I want to give them a chance because voters loved using the touchscreen equipment,” she said. “We have $2.4 million worth of equipment sitting in the basement that we’d love to use. But we won’t if it’s not certified.”

Robb McGinnis, the regional sales manager who sold the county the equipment, promised to let the county know by Friday if the company can switch to the optical scan machines.

Voters would mark paper ballots with a pencil in a privacy booth. The voter would then take the ballot and slide it through a machine that would scan the votes, then it into a sealed ballot box.

McGinnis said he must ask company officials if they can deliver machines to all 104 precincts by Nov. 1, and if ES&S will provide all printed training materials for staff and poll workers.

If the company cannot meet the terms of the switchover, Jackson said she would ask election board attorney Steve Huddleston to file a lawsuit against ES&S.

“We’re working around the clock on this,” McGinnis said. “We can’t do more than we’re doing now.”

He said that once ES&S makes an to the software or firmware, it must be approved by independent testing authorities, who often send the equipment back for more revisions.

The election board plans to meet at 4:30 p.m. Monday to discuss what happens next.

The board voted that ES&S is responsible for providing the machines to all 104 voting precincts and paying for all training, materials and support staff for the election.

Jackson said she is frustrated about having to use the optical scan machines instead of touchscreen voting equipment.

“The position that this company has put us in is so incredibly frustrating. We paid $2.4 million for something that’s not even on the table anymore,” she said. “We’re not getting what we paid for.”

Although county election officials were pleased with the performance of touchscreen equipment supplied by ES&S during the May primary election, they have repeatedly questioned the company’s integrity and considered terminating the $2.4 million contract.

County election administrators have accused ES&S of twice misleading them since January about the use of authorized equipment.

The election board decided in June not to replace the company, but Jackson said Tuesday the county must ensure an accurate election process.

Using optical scan machines, known as M100s, is the only option left with three months before the election, she said.

The method was used for absentee ballots in May’s primary election. If a problem occurs, Jackson said poll workers could open the ballot box and make sure the number of ballots matches a printed receipt of ballots.

“It’s the only thing we know for a fact is a sure thing,” Jackson said. “You have the paper trail back, and it eliminates all questions from people about their votes counting.”

Marion County used the optical scan machines in May, although the county encountered problems after running out of paper ballots for voters. Jackson said she will require ES&S to print the maximum number of ballots, or one per registered voter.

Of the estimated 81,000 voters in Johnson County, typically fewer than half come to the polls, Jackson said.

The company sold Johnson County the new touchscreen technology last year after the county commissioners and council approved the purchase.

However, the equipment’s firmware was not certified by state election officials. The state allowed counties to use the equipment in May but is requiring state approval for November’s election.