County opts not to join lawsuit

News-Sun Staff Writers    27 May 2005

The Clark County Board of Elections voted 3-1 against joining a lawsuit concerning voting machines against the Ohio Secretary of State?s office.

The lawsuit claims directives from Secretary of State Kenneth Blackwell?s office have essentially forced counties to choose voting machines made by Diebold Election Systems.

Board Director Linda Rosicka explained that if the county didn?t join the lawsuit, it could have Diebold machines for the disabled and machines from rival Election Systems & Software for everyone else beginning in November. According to ES&S spokeswoman Jill Friedman-Wilson, 17 counties have taken steps to join the lawsuit, including Champaign and Madison counties.

Board members voiced frustration and confusion on the issue, questioning the lack of guidance from Blackwell.

Democrat Ted McClenen opposed the lawsuit, not wanting to spend county money. Republican Roger Evans also opposed the lawsuit, especially since the board hasn?t received local legal advice.

Board chairman David Farrell, a Democrat, voted against the lawsuit, saying the court should be a last resort.

?I?m not sure we?ve reached the point of having absolutely no other option than to get in the middle of a lawsuit,? he said. ?It?s hard to make decisions when you don?t have all the facts.?

Republican Dan Harkins was the lone dissenting voice, voting for the lawsuit.

?We can always join in and out later,? Harkins said. ?Hopping on the train doesn?t mean you can?t get off at the next station.?

The board had decided last week against joining the suit, instead encouraging Blackwell to place optical scan machines for the disabled made by ES&S (Automark) on the state contract. The machines are certified for use, but only voting machines in the state contract will be paid for with federal money through the Help America Vote Act.

Rosicka said she believes the county would have enough money to cover the extra cost of Automark, as well as other advanced voting machines.

The meeting was the third the board held to discuss the lawsuit.

The board has overcome several hurdles in choosing a new voting system. It first decided on an electronic voting machine in 2003, but the maker withdrew from state contract negotiations months later. The board went with ES&S earlier this year, and at the time counties could choose only among optical scan machines. Now counties can choose a Diebold touch screen machine.

Farrell said the issue has been hard on staff and board members because they?ve been given different directives from the state and federal government even though Clark County has never had a major problem with the current voting system.

?Before the deployment date is reached, it?s all going to change two or three more times,? he said. ?That?s the only thing I?m certain of at this point. Worst-case scenario, we?ll continue to use punch cards.?