In the latest amongst a spate of lawsuits being filed against Electronic Voting Machine Companies around the country, the Oregon Sec. of State has announced today that they have filed a complaint against Election Systems & Software, Inc. (ES&S) for breach of contract in failing to provide the state with disabled-accessible voting machines, as promised, in time to meet the January 1, 2006 Help America Vote Act (HAVA) deadline.
The complaint, filed yesterday on behalf of the state of Oregon in Marion County Circuit Court, is downloadable here in full [PDF, 8 pages].
In a statement just issued by the office of Bill Bradbury, Oregon's Sec. of State, he said, "I'm disappointed in ES&S. They agreed to provide us with voting machines, they didn't follow through on that agreement, and that failure directly punishes people with disabilities."
The press release goes on to explain the history of ES&S's broken commitment to provide disabled-accessible electronic AutoMark voting systems to the state in what seems to echo problems that ES&S and several of the other electronic voting machine vendors are now having in meeting contractual obligations all around the country. The problem in Oregon is just the latest to come to light, as the voting machine vendors have been snatching up any and all available agreements with states, in light of Election Officials' attempts to comply with various mandates set forth, and funded by federal tax dollars, in the disastrous HAVA legislation of 2002. John Gideon, has written several articles on the epidemic recently for BRAD BLOG; two them are here and here.
As the Oregon Secretary of State's release explains:
On January 10, 2006, ES&S informed the Secretary of State that it would not agree to the terms of the contract, and would not deliver the voting machines unless the Secretary changed the terms of the contract. Bradbury refused to alter the contract to meet ES&S's demands, which then led to this lawsuit.
"We will not leave our elections in the hands of companies that do not follow through on their obligations, and we will not be coerced into altering our contracts," said Bradbury.
In addition to failures to meet such obligations as simply providing hardware and software as promised to states and counties, companies such as ES&S, Diebold, Sequoia Voting Systems and Hart InterCivic, have failed across the country to provide hardware and software that actually works and actually counts voters votes accurately as they intended to cast them.
HAVA was passed in 2002 by Congress after efforts led by Rep. Bob Ney (R-OH) --- and funded by Diebold lobbyists including Ney's former chief of staff, David DiStefano --- convinced lawmakers that the bill would correct perceived problems revealed with voting systems during the 2000 Florida Election debacle.
The bill, which cleverly includes a provision requiring at least one disabled-accessable voting device in every American polling place as of 2006 --- a provision which has led jurisdictions to believe they must upgrade their voting equipment to use poorly designed, secretive and hackable electronic voting devices --- has been an unmitigated disaster so far.
The Oregon lawsuit is just the latest in a growing array of suits filed by voters and election officials around the country in light of HAVA implementation that has seen officials scrambling, apologizing, making excuses and, in many cases, left to come up with alternate plans to carry out impending primary elections in 2006. Voters, in the meantime, have been largely ignored, left hanging, and crossing their fingers in hoping that somehow their vote might be counted accurately this year --- or even counted at all. Unfortunately, given the way most of the new voting systems work, there is little or no way for those voters to have even the slightest clue whether or not their vote will be counted at all.
Amongst just some of the lawsuits and other legal proceedings now underway in light of HAVA implementation around the country...
In addition to the state and county suits, a class action Securities Fraud complaint has been filed by shareholders against Diebold for, amongst other reasons, failing to disclose known problems with their electronic voting systems. Additional legal proceedings are currently in the works in several other states as well, The BRAD BLOG has learned, and so far we've only had two of 50 state primaries in 2006, the first year that HAVA kicks in in full. Both primaries so far, in Texas and Illinois, revealed massive electile dysfunctions as machines failed, tabulations were found to be inaccurate, and final results were delayed due to numerous equipment problems.
Stay tuned to The BRAD BLOG for (unfortunately) virtually exclusive continuing coverage of America's 2006 E-Voting Meltdown...


'Green News Report' 11/13/25
Mamdani's 'Surprisingly Afford-able' Affordability Agenda for NYC: 'BradCast' 11/12/25
After the Shutdown and
'Green News Report' 11/11/25
Victories for Democracy in Election 2025; Also: 7 Dems, 1 Indie Vote to End Shutdown in Senate: 'BradCast' 11/10/25
Sunday 'Ass Kicking' Toons
'We Can See Light at the End of the Tunnel' After Election 2025: 'BradCast' 11/6/25
'Green News Report' 11/6/25
TEAM BLUE TRIUMPH! Dems Win Everything Everywhere All at Once: 'BradCast' 11/5/25
Repub Thuggery As Americans Vote: 'BradCast' 11/4/25
'Green News Report' 11/4/25
Last Call(s) Before Election Day 2025: 'BradCast' 11/3/25
Sunday 'Close Enough' Toons
A Pretty Weak 'Strongman':
'Green News Report' 10/30/25
Proposal for 'Politically Viable Wealth Tax' Takes Shape in CA: 'BradCast' 10/29
Monster Storm, Endless Wars, Gamed Elections: 'BradCast' 10/28/25
Let's Play 'Who Wants to Be a U.S. Citizen?'!: 'BradCast' 10/27/25
Exiled NOAA Scientists Resurrect Critical Disaster Database: 'BradCast' 10/23/25
Trump-Allied GOP Partisan Buys Dominion Voting Systems: 'BradCast' 10/22/25
Trump, Republican Law(lessness) & (Dis)Order: 'BradCast' 10/21/25
Celebrating 'No Kings': 'BradCast' 10/20/25
SCOTUS Repubs Appear Ready to Gut Rest of Voting Rights Act: 'BradCast' 10/16/25
VA GOP VOTER REG FRAUDSTER OFF HOOK
Criminal GOP Voter Registration Fraud Probe Expanding in VA
DOJ PROBE SOUGHT AFTER VA ARREST
Arrest in VA: GOP Voter Reg Scandal Widens
ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
FINALLY: FOX ON GOP REG FRAUD SCANDAL
COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
GOP REGISTRATION FRAUD FOUND IN FL






























