Good. I hope they win big.

On Sun, Dec 28, 2008 at 4:01 AM, mike [never forget] 532 <
[email protected]> wrote:

>
> Maryland Files Claim to Recover Voting Machine Expenses
> http://www.truthout.org/122608VA
> After years of problems with the state's touch-screen voting system,
> Maryland has filed a claim to recover $8.5 million from the maker of
> the machines, Premier Election Solutions, Attorney General Douglas F.
> Gansler announced yesterday.
>
>    The claim seeks costs the state incurred to correct security gaps
> in the voting system that were uncovered several years ago by
> independent investigations. The state has paid $90 million under a
> contract with Premier, formerly known as Diebold, since 2001. During
> that time, the two parties have had a sometimes-rocky relationship as
> hitches in the voting system surfaced.
>
>
>    "Under basic contract law, this is money that should be paid by
> Diebold or its successor and not by the taxpayers," Gansler said in
> an
> interview. "This is sort of the final chapter of the touch-screen
> machines that we've had issues with in Maryland since we've gotten
> them."
>
>
>    Last year, Gov. Martin O'Malley and the General Assembly decided
> to eventually dump the touch-screen equipment and instead move toward
> buying new optical-scan machines, which read paper ballots filled in
> by voters with pencil or pen and allow for a manual recount. The new
> system is expected to cost about $20 million.
>
>
>    Premier President Dave Byrd said in a statement that the state's
> claim appears to be based on "inaccurate and unfounded assumptions."
> He also said the 2008 election, in which Premier's machines were
> used,
> was one of the "smoothest" in the state's history, culminating what
> he
> called a "seven-year track record of success."
>
>
>    The "claim may be an attempt to retroactively change the rules of
> the contracts, but it does not change or reflect the actual record of
> successful performance," Byrd said.
>
>
>    State officials contend, however, that the November election came
> off with few glitches precisely because they had spent so much money
> on upgrades and technical fixes. According to the claim, the state
> Board of Elections has implemented, largely at its own expense,
> measures to correct flaws uncovered by assessments ordered by former
> Gov. Robert L. Ehrlich Jr. and by the General Assembly.
>
>
>    Premier and the state haven't always been on the outs. After
> warnings about security vulnerabilities from three computer experts -
> Johns Hopkins University professor Avi Rubin and the two hired by the
> state - a voter advocacy group sued in 2004. The group alleged that
> the state should not have certified Premier's machines for use in
> elections. The state defended Premier at the time, and won.
>
>
>    That history is not lost on Premier, which said its good
> relations
> with the state made the attorney general's recent claim "all the more
> of a surprise," according to the company's written response.
>
>
>    The company said its system satisfies contractual security
> requirements and that the state decided to incorporate additional
> measures based on the reports it commissioned. The company's response
> relied in part on the state's legal defense from four years ago that
> contended no system is perfect and pointed out that there had not
> been
> a single report of a security breach.
>
>
>    Premier also said that it has provided additional services and
> materials beyond what was required under the contract at no
> additional
> charge.
>
>
>    Other problems have surfaced that aren't addressed in the state's
> claim. Diebold had to replace parts in voting machines used in the
> 2004 election because of glitches in the "motherboard," the main
> circuit board, that could cause the machines to freeze. Then in the
> 2006 primary election, the state's new "e-poll books," electronic
> check-in terminals made by Diebold that are distinct from the touch-
> screen voting units, crashed repeatedly.
>
>
>    "Voter confidence and the integrity of the process were
> undermined
> by the use of these machines," Gansler said. "It took nearly 10 years
> for us to figure out we shouldn't be using them, but during the
> course
> of that time we did everything we could to ensure reliability."
>
>
>    The claim now goes before a state procurement officer, whose
> decision on the matter could then be petitioned to the Maryland State
> Board of Contract Appeals. Until the dispute is settled, the state is
> withholding payment on $4 million in bills for services Premier
> provided for the 2008 elections.
>
>
>
>
>
> >
>


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