BREAKING – ES&S MELTDOWN CONTINUES: Legal Actions Filed in Indiana and West Virginia

'They Are Hiding Out,' Says County Commissioner About Previous Company Promises to Service the County

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Guest Blogged by John Gideon

The ES&S Meltdown around the country which The BRAD BLOG exclusively covered yesterday, as the Texas Sec. of State’s office informed Election Officials to “create emergency paper ballots”, now continues to widen to other states around the country.

Legal action in two more states against Election Systems & Software, Inc. (ES&S), the largest Electronic Voting Machine Company in America, has now commenced.

In Indiana, the a formal complaint has been filed today against ES&S by the Sec. of State for failures to provide working equipment and ballots in several counties in time for early primary voting in the Hoosier State.

In West Virginia, the County Commissioners Association announced they will be filing legal action against the company with the help of the WV Sec. of State and Attorney General’s office for similar problems, some of which we reported late last night here at The BRAD BLOG. As well, one county Manager has been told to withhold payment of a $1.2 million check made out to the company until the problems are corrected.

The Associated Press covers the developing situation in Indiana where Sec. of State Todd Rokita has filed his formal complaint against ES&S for violating state law. The Louisville (Kentucky) Courier-Journal covers it this way…

Rokita already had been investigating problems that counties have had with the company — which include delays in the delivery of crucial voting equipment and ballots and errors in programming. But his action Friday launches a formal process that could result in fines of $300,000 for each violation of state law.

He has scheduled a 9 a.m. hearing on May 8 to consider evidence and testimony.

“Hoosiers deserve voting systems that comply with the high standards mandated by Indiana law,” Rokita said in a written statement. “The May 8th hearing is a mechanism for voters, election administrators, and vendors to know that Indiana will hold accountable, where appropriate, those who wrongly put at risk the integrity of our voting process.”

ES&S spokesman Ken Fields said in a statement that the company “will vigorously defend against the allegations.”

According to Rokita’s complaint, ES&S provided defective voting system equipment, software and services to Johnson, St. Joseph and Marion counties. Election officials in other counties have complained of similar problems.

Last week, during a preliminary hearing Rokita had to gather evidence, ES&S Senior Vice President John Groh apologized for what he called service problems but said they were not violations of state law.

Fields said in his statement Friday that Rokita’s complaint “fails to include many important facts about the election readiness services and support process in Indiana.”

“We intend to make sure that all of the facts are considered as a part of the review of this situation,” he said. “Those facts will demonstrate that our company has worked hard to assist Indiana counties in meeting their obligation to conduct fair and accurate elections.”

In West Virginia, where the County Commissioners Association announced today they will be filing legal action against ES&S, the Charleston Daily Mail reports that Kanawha County, Commission President Kent Carper has locked up a check made out for $1.2M, which represents payment for the county’s ES&S voting machines, in his desk drawer.

Carper and other commissioners are deeply upset at the service from ES&S, or lack thereof…

“(The company) has embarrassed themselves,” Carper said. “I got a feeling this will get their attention.”

County Commissioner Dave Hardy noted with the May 9 primary election less than two weeks away, getting the machines online is critical.

“I can’t think of anything more important right now,” Hardy said. “The whole credibility of our election process is riding on this.”

Last September, company officials promised commissioners the machines would be available and compliant by the Jan. 1, 2006 deadline required by the Help America Vote Act.

“They sat there and told us that they would be very careful with Kanawha County, that they would have a presence here,” Carper said. “Now they are hiding out.”

It appears that a lot of the money that ES&S is raking in will be paid back out to attorneys who will have to go to court to try to defend the poor work of the company that counts (or is supposed to) more American votes than any other.

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Reader Comments on

BREAKING – ES&S MELTDOWN CONTINUES: Legal Actions Filed in Indiana and West Virginia

13 Comments

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13 Responses

  1. 1)
    Dredd said on 4/28/2006 @ 9:06am PT: [Permalink]

    This situation brings up some vote-for-who? ideology.

    I think the proper strategy is to increase the democratic count in the House and the Senate, so they become the majority party.

    But while doing that we can put some progressives in to replace dead enders.

    For example what about throwing Jane Harmon out and putting in one who is said to be sensitive to electronic voting issues (Raw Story Link)?

    I do not know these candidates well, however, I do know the strategy is to move dems into the majority so we can stick a pin in the republican dictatorship bubble.

    And if we do it with someone who is aware of the planet they are on, why not?

    Just a thought …

    I mean, Brad is telling us that democracy is at the mercy of electronic voting machines that are f***ked up … so lets listen and support folks who are also in tune to the Slow Train Coming up around the bend.

  2. 3)
    NC Voter said on 4/28/2006 @ 10:32am PT: [Permalink]

    DREDD said

    "I think the proper strategy is to increase the democratic count in the House and the Senate, so they become the majority party."

    We need to remember to beware of wolves in sheeps clothing.

    Some wolves:

    “Dear Colleague,” Rep. Robert Ney, Rep. Steny Hoyer (D), Sen. Mitch McConnell, Sen. Chris Dodd (D), March 3, 2004. They warned that amending HAVA to require VVPB would cause "numerous adverse unintended consequences. Most importantly, the proposals requiring a voter-verified paper record would force voters with disabilities to go back to using ballots that provide neither privacy nor independence, thereby subverting a hallmark of the HAVA legislation.”
    http://www.house.gov/cha/dearco...emarch3-04.htm

    Georgia’s Secretary of State, Cathy Cox, Democrat) could easily be considered the official Poster Girl for Diebold Election Systems, Inc. …
    http://www.countthevote.org/cathy_diebold.htm

    Maryland’s Secretary of State, Linda Lamone (Democrat) is a staunch defender of Diebold:
    Maryland is of national interest because Lamone is the President of the National Association of State Election Directors (NASED) and the most vociferous advocate for paperless voting in the United States.
    http://www.americanchronicle.co...articleID=5932

    Joe Andrews, former head of Democratic National Committee now a Diebold lobbyist: September 30, 2005

    Joseph J. Andrew, who was head of the Democratic National Committee from 1999 through 2001, is now lobbying for Diebold, where he is demonstrating that he is even more mendacious than the veracity-challenged Mark Radke, the PSI (damage control) firm’s David Bear, the protective Marvin Singleton, and the script-reading Joe Richardson.

    Harris Miller, running for US Senate as Virginia Democrat, As head of the ITAA, Miller specifically lobbied Congress against verified voting, on behalf of the interests of Diebold and other manufacturers of paperless e-voting machines — members of ITAA.

    The vendor community doesn’t like it. "We oppose the idea of a voter-verified paper trail," says Harris Miller, president of the trade group Information Technology Association of America. Introducing paper into the mix, he says, defeats the improved efficiency and reliability e-voting promises. "There was never a golden age when paper ballots were accurately counted," Miller says. Adding paper to e-voting will only make the process of administering elections more costly and time-consuming without improving accuracy, opponents assert. http://www.cio.com.au/index.php...2;fp;4;fpid;21
    More about Harris and Diebold, as well as other things not so positive here:
    http://www.sctnominationwatch.t.../6/23532/17147

  3. 4)
    MarkH said on 4/28/2006 @ 11:23am PT: [Permalink]

    The West Virginia Sec. of State is a Republican. This is the first one in my memory. So, I’d guess the suit was instigated by the Democratic Attorney General who is quite activist. Also, his brother was a member of the State Supreme Court until the last election when he was smeared by national Republican party money. There may be a little payback involved there. The county commissioners is a group I know nothing about. But, each county independently decides on the equipment it will use, not the Sec. of State.

    It’s exciting to see so many of these cases going on all over the nation. Isn’t it amazing that the national media can somehow ignore such a tremendously important story. F’ ’em.

    Aside from these state-wide cases we also need people prepared to challenge election results (for primaries or general elections) and to get restraining orders from courts, so the results of a bogus election can’t be executed until a thorough investigation is completed. We don’t need any more of those 2000 presidential election results where the ‘presumed winner’ is given preference in court and any slowing down of the process is viewed as bad, rather than patriotic. We need to take back our Democracy and use the courts Liberally to do it.

    I wonder, are there many newspapers reporting on all the electronic voting system court cases? The more public awareness of this issue the better.

  4. 5)
    Dave G. said on 4/28/2006 @ 11:33am PT: [Permalink]

    It is difficult to comprehend the amount of harm the cons are inflicting on the people. W. is angry with the people. He knows how badly he lost two elections and how much he needed to cheat. He wants to get even with everyone for not electing him, for not buying his BS. So our insurance keeps doubeling along wit our fule prices. Maybe he’s saying "You better vote for us – U see how we can get even with you." Well they may have to turn 80% of the votes this time to get their 51%.

  5. 6)
    NC Voter said on 4/28/2006 @ 12:09pm PT: [Permalink]

    DREDD said

    "I think the proper strategy is to increase the democratic count in the House and the Senate, so they become the majority party."

    We need to remember to beware of wolves in sheeps clothing.

    Some wolves:

    “Dear Colleague,” Rep. Robert Ney, Rep. Steny Hoyer (D), Sen. Mitch McConnell, Sen. Chris Dodd (D), March 3, 2004. They warned that amending HAVA to require VVPB would cause "numerous adverse unintended consequences. Most importantly, the proposals requiring a voter-verified paper record would force voters with disabilities to go back to using ballots that provide neither privacy nor independence, thereby subverting a hallmark of the HAVA legislation.”
    http://www.house.gov/cha/dearco...emarch3-04.htm

    Georgia’s Secretary of State, Cathy Cox, Democrat) could easily be considered the official Poster Girl for Diebold Election Systems, Inc. …
    http://www.countthevote.org/cathy_diebold.htm

    Maryland’s Secretary of State, Linda Lamone (Democrat) is a staunch defender of Diebold:
    Maryland is of national interest because Lamone is the President of the National Association of State Election Directors (NASED) and the most vociferous advocate for paperless voting in the United States.
    http://www.americanchronicle.co...articleID=5932

    Joe Andrews, former head of Democratic National Committee now a Diebold lobbyist: September 30, 2005

    Joseph J. Andrew, who was head of the Democratic National Committee from 1999 through 2001, is now lobbying for Diebold, where he is demonstrating that he is even more mendacious than the veracity-challenged Mark Radke, the PSI (damage control) firm’s David Bear, the protective Marvin Singleton, and the script-reading Joe Richardson.

    Harris Miller, running for US Senate as Virginia Democrat, As head of the ITAA, Miller specifically lobbied Congress against verified voting, on behalf of the interests of Diebold and other manufacturers of paperless e-voting machines — members of ITAA.

    The vendor community doesn’t like it. "We oppose the idea of a voter-verified paper trail," says Harris Miller, president of the trade group Information Technology Association of America. Introducing paper into the mix, he says, defeats the improved efficiency and reliability e-voting promises. "There was never a golden age when paper ballots were accurately counted," Miller says. Adding paper to e-voting will only make the process of administering elections more costly and time-consuming without improving accuracy, opponents assert. http://www.cio.com.au/index.php...2;fp;4;fpid;21
    More about Harris and Diebold, as well as other things not so positive here:
    http://www.sctnominationwatch.t.../6/23532/17147

  6. 7)
    Grizzly Bear Dancer said on 4/28/2006 @ 2:30pm PT: [Permalink]

    The Ugle truth rings out again and again about the rigged unreliable US voting systems at the BRADBLOG. Thank you Brad and your modern day US PATRIOTS bloggers for your efforts to save our Democracy!!!

  7. 8)
    Dredd said on 4/28/2006 @ 3:13pm PT: [Permalink]

    NC Voter

    It is very simple. Change beers, or change … I will support you either way.

    Just remember … your state senator is not related to the congress member in the senate or the house.

    … uh … actually … I can’t really communicate with you it seems … maybe tomorrow????

  8. 9)
    Charlene said on 4/28/2006 @ 5:56pm PT: [Permalink]

    When the Nov election comes, we all need to write=in the same person for President. We have to get the same person signed up to be eligible as a write-in on the ballot everywhere first, according to HAVA rules, I believe. Then we have to all vote for that person. The write-in votes must be hand counted. ALL those election judges/citizens will need to be crooked to make the results be crooked.

    Who shall the write-in be?
    I suggest Oprah Winfrey for Pres with Ralph Nader vice Pres.

  9. 10)
    Dredd said on 4/29/2006 @ 4:25am PT: [Permalink]

    NC Voter

    I had some coffee this morning. Also all the kittens are rescued from the storms here. My lady and I take care of homeless cats and give them food and shelter. Rescued 5, lost 3.

    I think I get what you are saying now. Thanks. Yes, there are too many Zel Millers out there …

    My post was just to let my fellow bloggers here that I am not a kool aider for any one political party.

    I want them to all have a say eventually, once we fix the bad rules of the Senate and the House that make it an all or nothing system; that make it a situation where the majority party lords it over the minority party.

  10. 11)
    Dredd said on 4/29/2006 @ 4:31am PT: [Permalink]

    Charlene #9

    Yep in Nov ’08 we will have the presidential elections to think about.

    I am almost afraid to say the next president could not be any worse … but I am as shell shocked as the rest and really do not know what to say about the presidential elections for sure.

    If the dems take the House and/or Senate in November this year then at least the republican dictatorship bubble can be popped.

    That will help a lot.

  11. 12)
    Peg C said on 4/29/2006 @ 4:47am PT: [Permalink]

    Shifting the balance of power in both houses of Congress presumes that we will actually have a viable election in November. If the e-voting companies have their way, this will never happen, it seems.

    Paper only! and closely bipartisan-monitored VOLUNTEER hand counting of the ballots!

  12. 13)
    pal said on 4/29/2006 @ 11:21am PT: [Permalink]

    I envy indiana.Concerned about an honest election how refreshing..We used to have that…I am from ohio where corruption is just as bad as the white house with our all republican congress and gov..pugs know they cant win an honest election..

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