ES&S Files Legal Action to Maintain Choice in Ohio's Voting System Selecti

ES&S Files Legal Action to Maintain Choice in Ohio's Voting System Selection Process

COLUMBUS, Ohio --(Business Wire)-- May 2, 2005 -- Lawsuit claims state directives breach existing contract with company and have removed authority from Ohio counties

In a lawsuit filed today, Election Systems & Software, Inc. (ES&S) - a leading provider of Ohio's election equipment and services - states that recent actions by the Ohio Secretary of State's office would unfairly eliminate the opportunity for Ohio counties to choose election systems from competing firms. This selection process is part of a statewide effort to comply with the federal Help America Vote Act (HAVA). The lawsuit, filed in the Court of Common Pleas in Franklin County, Ohio, seeks a temporary restraining order and preliminary injunction to enforce the terms of a signed contract that ES&S has with Secretary of State Kenneth Blackwell and prevent the Secretary from implementing several unilateral directives his office issued to counties in mid-April.


"We took this step reluctantly after many attempts to resolve these issues amicably," said Aldo Tesi, ES&S President and CEO. "We have no desire to sue state agencies, but the voting system selection process in Ohio has effectively removed the authority of county officials and directed business to one of our competitors. The counties and people of Ohio have a right to select the best voting system to meet their needs. They also deserve a procurement process that is open and fair."

"ES&S has been supporting elections in Ohio since 1974 and currently serves 38 of Ohio's 88 counties," continued Tesi. "We have a solid track record of success in the state and strong relationships with the counties and voters we've served. ES&S is firmly committed to serving Ohio for many years to come, but the Secretary of State's office has effectively eliminated that opportunity by taking choice out of the Ohio election system selection process. That is why, regrettably, ES&S initiated legal action today."


In the litigation, ES&S states that the Secretary of State's office has:


>>>snip

-- Held secret, behind-closed-doors "negotiations" outside the normal procurement process with just one vendor seeking to provide touch screen voting machines as primary voting systems (in spite of the previous directives to counties that it would not allow touch screen machines). None of the other vendors were given the opportunity to participate in or were even informed about these "negotiations" until an agreement had been reached in mid-April.


More: http://www.tmcnet.com/usubmit/2005/May/1140044.htm

Infighting ....

Kewl beans ...

These were TRADE SECRET negotiations, giving the SOS and the chosen vendor a COMPETITIVE ADVANTAGE, reasonable means of preserving secrecy were implemented, so the resulting contract is a trade secret, and the KNOW HOW of those who KNOW HOW the deal was done can never be questioned.....

you now, Huh? Go tear them up about all the secrecy so we can use it as precedent.. Go on now...help us out..

Message removed by moderator. Click here to review the message board rules.

snake eating snake..

let's all buy some popcorn and watch the show.. you mean Todd is telling Brother "Bob" he's not playing fair?

what a surprise....

I"m watching this very closely....