Voting-machine maker sues Blackwell
Tuesday, May 03, 2005
Julie Carr Smyth
Cleveland Plain Dealer Bureau

Columbus- Voting-machine maker Election Systems & Software sued Ohio's elections chief Monday, claiming he delivered a virtual monopoly to Diebold Inc. last month that breaches his deal with ES&S.

The lawsuit, filed in Franklin County Common Pleas Court, charges that Secretary of State Ken Blackwell held secret, closed-door negotiations with Diebold unbeknownst to ES&S and a third certified vendor, Hart Intercivic. 

Hart is also tied up in court against Blackwell over an earlier directive.

ES&S President and Chief Executive Aldo Tesi said his firm is confident it can meet Blackwell's latest directive - it just needs more time.

"Of course, I want to win the business, but in the end I want the process to be managed in such a way that voters get the most reliable and secure voting system that the counties want going forward," Tesi said, noting that his company has done business with Ohio election boards since the 1970s.

ES&S seeks a temporary restraining order against an April 14 decision by Blackwell clearing the way for county boards to replace older punch-card machines with touch screens equipped with a paper trail, which Diebold makes.

Just 92 days earlier, Blackwell had said county boards could only buy optical-scan machines, which Diebold, ES&S and Hart all offer.

Many perceive Blackwell's deal with Diebold as giving the politically connected Ohio company a virtual lock on the state's $100 million voting-machine conversion.

Counties will be compelled to pick a single type of machine for all types of voters, for simplicity and price reasons, the argument goes, as federal deadlines for the conversion loom. A new state law requires voting machines to offer a paper record.

Dana Walch, Blackwell's legislative affairs director, said both ES&S and Hart have had a year and a half to address security issues and develop the touch-screen technology - but haven't. He also noted that counties remain free to choose optical scan machines.

"Two vendors have taken a course of litigation in this, while one vendor has gone out and done their work and met all the state and federal requirements," he said.

Walch said the state must be prepared, under the Help America Vote Act, with new voting machines for the next federal election - which could be as soon as January.

"We are out of time," he said.

Keith Cunningham, president of the Ohio Association of Election Officials, questioned Blackwell changing course so quickly and then giving vendors only until May 13 to comply.

"The date of May 13, at least to the best of my knowledge, isn't based on anything. It's awfully arbitrary," said Cunningham, who directs the Allen County elections board. "I don't think it's in the best interest of the counties that have historically done business with ES&S and want to continue to do business with ES&S."

He said his county will have to choose Diebold under the latest directive or face administering elections with two different voting systems.