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Departments Election Issues
Does ES&S really want to sell the Automark machines?
by John Gideon
May 28, 2005
Elections Systems and Software (ES&S) has a marketing agreement with AutoMARK Technical Services (ATS) to be the sole purveyor of the AutoMARK voting machine. ATS can market the system, but pricing and contracts are all handled by ES&S. In March of 2004, when ES&S announced the agreement, Aldo Tesi, ES&S president and CEO said, "we recognize the incredible responsibility we have in supporting the democratic process and ensuring it is open and accessible to all voters."[1]
A few months later, when ES&S representative Mike Devereaux praised the AutoMARK over touch screens, it appeared that ES&S had partnered with ATS in order to take advantage of the growing demand for paper ballots.[2] The company's subsequent business decisions seem to say otherwise.
ATS describes their AutoMARK voting system as “a ballot marking system designed to provide privacy and accessibility to voters who are blind, vision-impaired, or have a disability or condition that would make it difficult or impossible to mark a ballot in the usual way. In addition, it provides language assistance to voters who are more comfortable speaking an alternative language or who have reading difficulties. The
AutoMark voter assist terminal has been developed with input from election authorities and disability organizations, and meets all of the requirements of “The Help America Vote Act of 2002.”” The system marks a ballot that is inserted into the machine. That ballot is then either read by a precinct based optical scan machine or is put into a ballot box and read, later, by a central count optical scan machine; or by hand.
In February of 2005, Bo Lipari of New York Verified Voting asked ATS to bring a complete voting system (AutoMARK touch screen and an ES&S precinct based optical scan machine) to New York so the state legislators could look at the system in an informal setting and see how it operates. ATS brought the system and set it up for the legislators in Albany.
Unfortunately, a lobbyist for ES&S happened to walk by the demonstration and almost immediately told the ATS representatives to remove the equipment. According to a source close to the issue, a protracted discussion between ES&S representatives and ATS ensued in which ES&S refused to allow the system to be shown. Finally a compromise was reached. ATS was allowed to show the AutoMARK in New York State but without any optical scan machine to complete the system.
Following this incident one state assemblywoman, Sandra R. Galef, (D,I,WF-Ossining, NY), was interviewed by The Legislative Gazette, which reported,
“Galef believes that corporate interests were fueling previous support for DRE machines. Lobbyists and the president of ES&S, a voting machine manufacturer, told her that New York State was a touch-screen machine state. She responded by saying, “When was that decision made? We’ve [Legislature] never voted on it, New York doesn’t have a voting system yet.”[3]
The New York Daily News also reported this story;
“All the major companies offer both types of equipment” (optical scan and DRE), “and they deny promoting one technology over another. But they mysteriously avoid making the cheaper equipment available for inspection. At the Capitol recently, a lobbyist managed to shut down a demonstration of optical scanning by getting his client to pull its machine from the display.
“Assemblywoman Sandra Galef of Westchester called the company to object and was told that New York is "a touch-screen state."
“"I said, 'We are?'" Galef recalled. "I'm a legislator. I don't think I've voted on anything."
“"Why are the vendors deciding what type of state New York State should be?" asks Bo Lipari of Ithaca, a retired software engineer who founded New Yorkers for Verified Voting. "We ought to be able to look at all our alternatives and make a rational choice."”[4]
Why would ES&S not want to sell the system that everyone has been waiting for? Why would they not want to provide the state of New York with a choice of voting systems? Is this evidence that ES&S is trying to control the market and make decisions for its customers?
A source has told this reporter that ES&S sales representatives are being paid a much higher commission rate for selling their DRE system than they are for the AutoMARK system. ES&S is clearly controlling the marketing of their systems by offering a far less lucrative reward for selling ATS systems than for products produced by ES&S. Is this more evidence that ES&S is attempting to keep the sales of the AutoMARK system to a minimum?
On May 6, 2005 the AutoMARK voting system completed the last testing with an Independent Test Authority enabling the system to be qualified to the federal standards within days. This opens the doors to all of the states that require federal qualification before a voting system can be certified and sold in the state. This success should have been big news for AutoMARK and for their partner in sales, ES&S.
I called AutoMARK to ask if they were going to be sending out a Press Release to announce their successful ITA testing. I was told that a press release would be sent out the following Monday. On Monday I searched the wires and found no Press Release. I then called AutoMARK and asked about the promised release. I was told that ES&S wanted to review the release before it was sent out. In fact, as I found out a few days later, a release was written by ES&S but it only appeared on their website not in the news. AutoMARK also issued a Press Release but it, too, went only on their website. Nothing was sent to the business-wires as normally happens with corporate news. Essentially, ES&S controlled the news and kept this announcement as secret as they could. Is this even more evidence that ES&S is attempting to keep the sales of the AutoMARK system to a minimum?
There is no doubt that many elections officials and voters have been looking forward to the qualification of the AutoMARK voting system. South Dakota didn’t wait for federal qualification. They bought AutoMARK's system for $5,400 per machine, according to a state election official.
Bowie County, Texas was quoted an average price of $5,500 for only 36 of the machines.[5] A Texarkana newspaper reported that the cost per machine to them was $5,400.[6] These seem to be fair prices though sources say $4950.00 was quoted in many locations last year.
“Myth Breakers: Facts About Electronic Elections” provides the following information, collected before the ATS and ES&S agreement: “According to AutoMARK Technical Systems (formerly Vogue Elections Systems), which manufactures a ballot-marking device, the cost for the device would be comparable to the cost of a DRE with a printer attached.”[7]
Why then did ES&S, quote a price of $6,500 per machine to Cook County, Illinois, a potential customer with 2650 precincts? Is there any better way to minimize the sales of a product than by inflating the price quoted to its largest customers?
Refusing to demo its product to the largest market in the United States, reducing the commission paid to salespeople who sell the product, minimizing publicity about the product's successes, increasing the product price as the size of the contract increases are these marketing techniques designed to take advantage of a business bonanza or are they evidence that ES&S is trying to decide where and whether Americans will be voting on paper?
[1] New Ballot Marking Device from ES&S, AutoMARK Makes Optical Scan Voting Accessible to Voters with Disabilities; Breakthrough Technology Increases Participation in Democratic Process. March 31, 2004 ES&S Press Release. Archived at http://www.votersunite.org/article.asp?id=1751
[2] Election commission hears last pitch on vote machines. Benton Courier. June 25, 2004. By Richard Duke, Courier Staff. http://www.bentoncourier.com/articles/2004/12/22/news/46tnews.txt
[3] http://www.legislativegazette.com/read_more.php?story=546 “Optical vote scan machines cheaper, more accurate, group says”, By JARRETT CARROLL, The Legislative Gazette, April 20, 2005
[4] http://www.nydailynews.com/03-09-2005/news/ideas_opinions/story/288160p-246677c.html “Put polling machines to a vote”, New York Daily News, March 09, 2005
[5] http://www.texarkanagazette.com/articles/2005/04/26/local_news/news/news10.txt By GREG BISCHOF
Texarkana Gazette April 26, 2005
[6] http://www.thevictoriaadvocate.com/local/local/story/2744088p-3176176c.html By BARRY HALVORSON Victoria Advocate April 28, 2005
[7] “Myth Breakers: Facts About Electronic Elections”, by Ellen Theisen VotersUnite.Org, pg. 52
John Gideon
Information Manager
www.votersunite.org and www.votetrustusa.org
VotersUnite! is a national non-partisan organization dedicated to fair and accurate elections. It focuses on distributing well-researched information to elections officials, elected officials, the media, and the public; as well as providing activists with information they need to work toward transparent elections in their communities.
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Don't forget to check out articles from 2007 and 2008Election Issues
"An open letter to the Election Assistance Commission" December 25, 2005 John Gideon, Executive Director of VotersUnite.Org and Information Manager for VoteTrustUSA.Org
"Diebold hack proven in county test!" December 17, 2005 Glenn Yeagley
"Diebold Inc. in a tailspin after resignation of CEO and filing of a class action fraud lawsuit" December 17, 2005 VelvetRevolution.us
"Orr thinks machines make voting simpler, more secure " December 17, 2005 Mario Bartoletti
"Diebold "hack test" - Sec. State / Black Box Lawyer square off" December 10, 2005 Black Box Voting
"With new legislation, Ohio Republicans plan holiday burial for American Democracy" December 6, 2005 Bob Fitrakis & Harvey Wasserman
"Important daily voting news" December 4, 2005 John Gideon
"Poll shock" November 24, 2005 Robert C. Koehler, Tribune Media Services
"Ohio's Diebold Debacle: New machines call election results into question" November 24, 2005 Bob Fitrakis & Harvey Wasserman
"Diebold attempts to evade election transparency laws" November 20, 2005 Matt Zimmerman
"Supreme Court stabs another GOP knife into US democracy by upholding ex-felon vote ban" November 16, 2005 Bob Fitrakis and Harvey Wasserman
"Has American Democracy died an electronic death in Ohio 2005's referenda defeats?" November 11, 2005 Bob Fitrakis and Harvey Wasserman
"What John Kerry definitely said about 2004’s stolen election and why it's killing American democracy" November 10, 2005 Bob Fitrakis & Harvey Wasserman
"Scrap the "secret" ballot - return to open voting" November 5, 2005 Lynn Landes
"Clarification of NEDA's withdrawal of Ohio exit poll paper" November 5, 2005 Kathy Dopp
"Clarification of NEDA's withdrawal of Ohio exit poll paper" November 3, 2005 Kathy Dopp, National Election Data Archive
"Watergate-style money laundering indictments stoke Ohio's stolen election fires" October 28, 2005 Bob Fitrakis & Harvey Wasserman
"Powerful Government Accountability Office report confirms key 2004 stolen election findings" October 26, 2005 Bob Fitrakis & Harvey Wasserman
"Did you erase your own vote?" October 25, 2005 Warren Stewart, Director of Legislative Issues and Policy, www.VoteTrustUSA.org
"Why can't the left face the Stolen Elections of 2004 & 2008?" October 18, 2005 Bob Fitrakis and Harvey Wasserman
"Carter/Baker Report can't face how the GOP stole America's 2004 election & is rigging 2008" September 20, 2005 Bob Fitrakis & Harvey Wasserman
"Two Steps Forward, One Step Back" September 20, 2005 Warren Stewart, Director of Legislative Issues and Policy, VoteTrustUSA
"FEMA Chief Brown Paid Millions in False Claims to Help Bush Win Fla. Votes" September 19, 2005 Jason Leopold
"Ohio recount lawsuit set for trial; election workers indicted" September 4, 2005 Blair Bobier
"Ohio Governor's ethics violations expose money trail to stolen 2004 election" August 30, 2005 Bob Fitrakis & Harvey Wasserman
"Diebold's failure in California" August 7, 2005 John Gideon, Information Manager, www.VotersUnite.Org and www.VoteTrustUSA.Org
"Did the GOP steal another Ohio Election?" August 5, 2005 Bob Fitrakis and Harvey Wasserman
"Conyers-Kaptur seek special counsel for Noe probe" August 4, 2005 John Conyers, Jr. and Marcy Kaptur
"Dramatic new charges deepen link between Ohio's "Coingate," Voinovich mob connections, and the theft of the 2004 election" July 29, 2005 Bob Fitrakis & Harvey Wasserman
"None dare call it stolen - Ohio, the election, and America's servile press" July 24, 2005 Mark Crispin Miller, summarized by Mary Anne Saucier, Columbus, Ohio
"Civic Engagement and the Restoration of Community from a voter activist’s view" July 19, 2005 Terri Zins
"My report from Hocking County, July 5, 2005: An update on Sherole Eaton's unfolding Story" July 7, 2005 Victoria Parks, Ohio Backbone Campaign
"Handbook for Ohio Voter Activists, Version 2.0" July 7, 2005 Various activists
"Direct testimony: Presented to Election Assessment Hearing" July 4, 2005 Richard Hayes Phillips, Ph.D.
"Log Cabin Republicans in Ohio" July 4, 2005 Richard Hayes Phillips, Ph.D.
"With a limp election theft report, Dems prove why they're unworthy" June 28, 2005 Harvey Wasserman and Bob Fitrakis
"Voting problems and uncounted votes in Lucas County, Ohio" June 28, 2005 Justine Smith
"The DNC 2004 Election Report: An indictment of incompetence" June 25, 2005 Steven Rosenfeld and Bob Fitrakis
"Corporate control of the election process" June 22, 2005 John Gideon
"Introduction: Did George W. Bush steal America's 2004 election?" June 16, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Voter Confidence Committee Calls For Rejection of CA Special Election" June 16, 2005 Dave Berman
"Activists from 25 states lobby for paper ballots on June 9 and 10" June 10, 2005 VoteTrustUSA.org
"Fear of riffraff" June 10, 2005 Robert C. Koehler, Tribune Media Services
"Electoral Politics and the War: Lessons from 2004 and What the Anti-War Movement Should do in 2006" June 8, 2005 Kevin Zeese
"Optical scan machines hacked in Florida" June 2, 2005 Black Box Voting
"Does ES&S really want to sell the Automark machines?" May 28, 2005 John Gideon
"Attack on election board whistleblower and leaked Blackwell threats re-fire Ohio's election theft scandal" May 23, 2005 Bob Fitrakis and Harvey Wasserman
"Franklin County, Ohio Election Procedures – April and May 2005" May 6, 2005 Paddy Shaffer
"Carter Gets It – But Will His Electoral Commission?" April 24, 2005 Kevin Zeese and Linda Schade
"Voter Perceptions and Political Deceptions: Federal, Ohio and Knox" April 24, 2005 Mike Swinford
"Electoral reform groups call for James Baker's resignation from electoral reform commission" April 17, 2005 Ilene Proctor
"National Conference on Election Reform Opens with Civil Rights Panel" April 13, 2005 Abigail Thorton
"View from Another Planet" April 13, 2005 Josh Mitteldorf
"Democrats! Paper “Trails” Aren’t Good Enough. Count The Damn Ballots!" April 12, 2005 Lynn Landes
"Democrats, Paper ‘Trails’ Aren’t Good Enough; Count The Damn Ballots!" April 1, 2005 Lynn Landes, Online Journal Contributing Writer
"Scientific Analysis Suggests Presidential Vote Counts May Have Been Altered" March 30, 2005 US Vote Counts
"As Blackwell Says, Ohio’s in 2004 was a National Model" March 24, 2005 Steve Rosenfeld, Bob Fitrakis, and Harvey Wasserman
"Understanding the difference between paper ballots and paper audit trails" March 20, 2005 Gary Beckwith
"Save Our Democracy" March 16, 2005 John Irwin
"Republicans maneuvering to get Voting Rights Act killed" March 10, 2005 Rev. Jesse L. Jackson, Sr.
"Legal filing highlights Blackwell's hypocrisy in Ohio recount case" March 7, 2005 Blair Bobier
"Selma 40 Years Later" March 6, 2005 Rev. Jesse L. Jackson, Sr.
"Exit Poll Madness - Analyst Steve Freeman & Company Offer False Choice" March 4, 2005 Lynn Landes
"Libertarians To Testify in Ohio House: Modernize Ohio's Election Laws" March 3, 2005 Robert Butler
"The New Voting Rights Movement Begins Here Today" March 2, 2005 Steven Rosenfeld
"Voting in America" February 28, 2005 Bob Babson
"The Mighty Texas Strike Force" February 28, 2005 Nick Mottern - Documentary News Service
"Blackwell presidential election sanctions briefs" February 22, 2005 Various individuals
"Representative Conyers and others file amicus brief in Ohio Supreme Court" February 17, 2005 Dena Graziano
"Congresswoman Tubbs Jones Outraged at Blackwell's Failure to Appear During House Administration Hearing" February 12, 2005 Office of Rep. Tubbs Jones
"Ohio Attorney-General's attack on election protection attorneys draws mountain of documentation on state's stolen election, including new study on exit polls" February 3, 2005 Steve Rosenfeld and Harvey Wasserman
"Prominent Statisticians Refute 'Explanation' of 2004 U.S. Exit Poll Discrepancies in New Edison/Mitofsky Report and Urge Investigation of U.S. Presidential Election Results" January 31, 2005 Bruce O'Dell
"The last man to concede..." January 29, 2005 Sheila Samples
"Report on Washington DC, January 6, 2005" January 25, 2005 Avram Friedman
"Arkansas in 2004: Did Bush Really Win?" January 24, 2005 Max Standridge
"New links" January 23, 2005 Free Press staff
"Voting Problems and Uncounted Votes in Lucas County, Ohio" January 23, 2005 Justine Smith
"Plan B: Parallel Elections & Signed Ballots" January 20, 2005 Lynn Landes
"Open Letter to Ohio Attorney General Jim Petro from Representative John Conyers, Jr." January 20, 2005 Representative John Conyers, Jr.
"Open Letter to Warren Mitofsky and Larry Rosin from Representative John Conyers, Jr." January 20, 2005 Representative John Conyers, Jr.
"Ohio's GOP Attorney General launches revenge attack on Election Protection legal team" January 19, 2005 Steve Rosenfeld and Harvey Wasserman
"What are they hiding in New Mexico?" January 18, 2005 Warren Stewart, National Ballot Integrity Project
"In the Shadow of Dr. King, counting the vote remains a civil rights issue" January 17, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Did the “Liberal Media” Get the 2004 Election All Wrong?
" January 16, 2005 Gene C. Gerard
"'COUNT EVERY VOTE. EVERY VOTE COUNTS'" January 16, 2005 Mary Anne Saucier
"Moss v. Bush moves on and movement continues" January 13, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Rally Continues Drive for Democracy" January 9, 2005 Mark Huntress
"Estimated vote count in Ohio" January 8, 2005 Richard Hayes Phillips, Ph.D.
"January 6 Washington, D.C. rally report" January 8, 2005 Nick Mottern
"Together, we moved three mountains" January 8, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"What the election challenge means" January 8, 2005 David Swanson, ILCA
"Progressive Democrats lead historic voting rights protest as Congress ratifies flawed 2004 Electoral College tally" January 7, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Arnebeck letter to Congress re Presidential Electoral Challenge" January 6, 2005 Clifford O. Arnebeck, Jr.
"Senator Barbara Boxer, D-CA and Representative Stephanie Tubbs Jones, D-OH contested the election" January 6, 2005 Free Press staff
"The "Crime of November 2": The human side of how Bush stole Ohio, and why Congress must investigate rather than ratify the Electoral College (Part Two of Two)" January 5, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Status Report of the House Judiciary Committee Democratic Staff" January 5, 2005 U.S. Rep. John Conyers and staff
"Seven key reasons why the vote must be challenged at the electoral college" January 3, 2005 Rev. Jesse Jackson, Rainbow/PUSH Coalition
"Ten preliminary reasons why the Bush vote does not compute, and why Congress must investigate rather than certify the Electoral College (Part One of Two)" January 3, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Verified election contest petitions and documents in Ohio Supreme Court " January 2, 2005 The undersigned
"Distribution of voting machines by county in Ohio" January 1, 2005 Andy Shifflette
"Did We Bounce An Election?" January 1, 2005 Warren Stewart, votersunite.org
"Presidential election congressional hearing transcript" January 1, 2005 Congresspeople Waters, Tubbs-Jones and Conyers and others
Selected articles from 2004
"Ohio's official non-recount ends amidst new evidence of fraud, theft and judicial contempt mirrored in New Mexico" December 31, 2004
"Impossible Phantom Votes in New Mexico
" December 30, 2004
"The 2004 Presidential Election: Who Won The Popular Vote? An Examination of the Comparative Validity of Exit Poll and Vote Count Data" December 29, 2004
"Ohio GOP election officials ducking notices of deposition as Kerry enters stolen vote fray" December 28, 2004
"Another third rate burglary" December 25, 2004
"Hacking the vote in Miami County" December 25, 2004
"Update from the Ohio Frontlines" December 24, 2004
"Lawsuit Before the Ohio Supreme Court" December 24, 2004
"Kerry votes switched to Bush and ballots pre-punched for Bush" December 24, 2004
"Uncounted votes in Cuyahoga County" December 24, 2004
Related Journal articles:
"GAO report documents how easy it is to hack the vote" November 15, 2005
"J30 Election Reform Coalition" March 21, 2005
"The Un-mighty New Hampshire Jam Force" March 21, 2005
"Petro sanctions democracy" March 21, 2005
"Progressives helped concede election by conceding the moral high ground" March 21, 2005
"We will not concede, or get over it, but we shall overcome" January 23, 2005
"From Selma to Palm Beach to Columbus" January 23, 2005
"Movement Heroes" January 23, 2005
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