Voting booths in flux
November 12,2005
BY JOE MILLER    The Jacksonville DAILY NEWS

Come next election, it appears voters in Onslow County may not be using the same voting machines they used - and largely liked - on Tuesday.

Hart Intercivic of Austin, Texas, which sells the eSlate voting machines used for this election, is hoping state officials will reopen the request for proposals and allow the company to sell its machines in North Carolina. The state, however, doesn't seem overly eager to oblige.

In August, Gov. Mike Easley signed into law requirements - among them the ability to generate a backup paper trail - that the state board of elections must consider before it approves the types of voting machine that can be sold in North Carolina.

The deadline for proposals was Nov. 4, but Hart initially decided not to submit a proposal because the company took issue with some of the state's requirements.

One concern for the company was the condition that the vendor post a bond or letter of credit to cover damages from any voting system defects.

"It's uncertain as to what the monetary damages would be," said Michelle Shafer, Hart's director of corporate communications.

The company also objected to the requirement that it put its voting-machine software into an escrow account - and that a violation could result in felony charges. Too many people can get access to the escrow account, Shafer said.

"This means just about anyone, activists, the media, competitors, etc., could review our intellectual properties and competitive advantages," she said.

"It doesn't make sound business sense to go along with those types of provisions."

Just 15 minutes before the deadline on Nov. 4, Texas-based Diebold Election Systems Inc. obtained a temporary restraining order, which extended its deadline until Nov. 7. The court order also protects companies submitting proposals from relevant criminal and civil penalties and removes the bond requirement.

"We feel the terms and conditions have been changed, so we wanted the opportunity to see if they would consider opening up the bid process," Shafer said.

State elections officials have given no indication that would happen.

Onslow officials were pleased with how Hart's machines worked for the municipal elections and school bond referendum on Tuesday, and they were seriously considering buying them for future elections.

"The feedback we received was excellent," said Onslow Board of Elections Chairman James Yantorn, who hopes the county will be able to use a machine at least similar to Hart's eSlate.

"Something like that would be perfect," he said. "Work after the election was really reduced."

Five companies, including Diebold, have submitted proposals. Gary Bartlett, the state board of elections executive director, said it could be next month before a decision is made on what companies will be authorized to sell machines in North Carolina.