California sues voting vendor

While the numerous presidential campaigns make national news, attention won’t turn to California until the approach of our February 5, 2008, primary. But that doesn’t mean the California Secretary of State Debra Bowen has been idle.
It was recently announced that Bowen has sued a company called Election Systems & Software, Inc. for violation of state law. Fourteen of the 58 counties in California had purchased the company’s AutoMARK Model A100 machine, which was certified in 2005 by Bowen’s predecessor, in order to be in compliance with the federal “Help America Vote Act” requirement that voters with disabilities have a way to cast ballots privately and independently.
But in 2006, the company supplied newer Model A200 machines in five counties, instead of the Model A100: 20 in Colusa, 130 in Marin, 104 in Merced, 558 in San Francisco, and 160 in Solano. The problem is that the company didn’t submit the newer models for examination and certification by the state, and some were used in 2006 polling.
Bowen wants the company to reimburse the counties the $5 million they paid for the machines, plus a penalty of $10,000 per machine, which adds another $9.72 million. Half of the penalty would go to Bowen’s office, for use in bolstering voting system security efforts.
Sonoma County, with up to 350 voting locations, has since 2006 used the eSlate voting system made by a company called Hart Intercivic.