Election Systems & Software

Last updated
Election Systems & Software
Company typeVoting machine manufacture
FoundedAugust 1979;44 years ago (1979-08)
Omaha, Nebraska, U.S.
Headquarters,
U.S.
Number of employees
450+ (as of 2014)
Website essvote.com

Election Systems & Software (ES&S or ESS) is an Omaha, Nebraska-based company that manufactures and sells voting machine equipment and services. [1] The company's offerings include vote tabulators, DRE voting machines, voter registration and election management systems, ballot-marking devices, electronic poll books, ballot on demand printing services, and absentee voting-by-mail services.

Contents

In 2014, ES&S was the largest manufacturer of voting machines in the United States, claiming customers in 4,500 localities in 42 states and two U.S. territories.[ citation needed ] As of 2014, the company had more than 450 employees, over 200 of whom are located in its Omaha headquarters. ES&S is a subsidiary of the McCarthy Group.

In 2014, ES&S claimed that "in the past decade alone," it had installed more than 260,000 voting systems, more than 15,000 electronic poll books, and provided services to more than 75,000 elections. The company has installed statewide voting systems in Alabama, Arkansas, Delaware, Georgia, Idaho, Iowa, Maine, Maryland, Minnesota, Mississippi, Montana, Nebraska, New Mexico, North Carolina, North Dakota, Rhode Island, South Carolina, South Dakota, Virginia, and West Virginia.[ citation needed ] As of 2019 ES&S claimed a U.S. market share of more than 60 percent in customer voting system installations. [2]

The company maintains ten facilities in the United States, two field offices in Canada located in Pickering, Ontario and Vancouver, British Columbia, and a warehouse in Jackson, Mississippi.

History

American Information Systems

An ES&S DS850 8000-ballot-per-hour central-count ballot scanner ES&S DS 850.jpg
An ES&S DS850 8000-ballot-per-hour central-count ballot scanner

In October 1974, Robert J. Urosevich of Klopp Printing Company in Omaha approached Westinghouse Learning Corporation, a subsidiary of Westinghouse Corporation, asking whether the scanners Westinghouse was building for educational tests could be used to scan voting ballots. This led Westinghouse to briefly enter the ballot scanning business, and Urosevich and his brother Tod, a former IBM salesman, formed Data Mark Systems to sell and service Westinghouse voter tabulation equipment. Data Mark and Westinghouse ballot tabulation equipment had limited success through the late 1970s. [3] [4] As Westinghouse withdrew from the voting business, the Urosevich brothers and several former Westinghouse employees founded a new company in August 1979, American Information Systems. AIS came out with a line of central-count ballot scanners that entered the marketplace in 1982.

Business Records Corporation

The first precinct-count ballot scanner was the Gyrex MTB-1, which came to market around 1974. [5] The MTB-1 evolved into the MTB-2, and corporate ownership shifted from Gyrex Corporation to Valtec, in 1977, and then to Major Data Concepts, in 1979. Computer Election Systems Incorporated (CESI), the manufacturer of Votomatic [6] punched-card voting equipment, marketed the MTB-2 as the Tally-II scanner in the early 1980s, pairing it with its own Precinct-Ballot-Conut punched-card ballot reader, the PBC. [7]

CESI developed its own family of precinct-count and later central-count scanners, under the Optech brand name. The Optech I precinct-count scanner came to market in 1983, and saw successful use in several states. Cronus Industries, Inc., a Texas-based company, purchased CESI in 1985 and merged it with their ballot printing subsidiary, Business Records Corporation (BRC). [8]

Election Products Inc.

Election Products Inc. was a small Virginia-based election service company. In the early 1990s, the company contracted with ILJ Corporation based in Richmond, Virginia, to develop a DRE voting machine that would be marketed as the Votronic, unrelated to an earlier ballot scanner that was marketed under the same name in 1960. This voting machine had a flat panel liquid crystal display and a touchscreen, and was no larger than a laptop computer at the time. Votronic was first used in the 1996 primary elections; one commentator said the machine resembled a large Magna Doodle. [9] [10] [11]

Automark Technical Systems LLC

An AutoMARK ballot marking device AutoMARK.jpg
An AutoMARK ballot marking device

In 2003, Eugene Cummings filed a patent for a ballot marking device designed to provide an accessible voting interface for optical-scan voting systems. [12] Cummings, along with Joseph Vaneck founded Automark Technical Systems LLC to develop and manufacture the machine. [13] Prior to this machine, the Help America Vote Act, passed in 2002, required jurisdictions in the United States that used optical scan systems install at least one DRE voting machine in each polling place. [14]

Mergers and antitrust actions

An iVotronic DRE voting machine with a real-time audit log printer, a type of voter-verified paper audit trail IVotronicVVPAT.jpg
An iVotronic DRE voting machine with a real-time audit log printer, a type of voter-verified paper audit trail

American Information Systems acquired the Election Services Division of Business Records Corporation and was reincorporated as Election Systems & Software, Inc. in December 1997. At the time, AIS had about 750 customers and BRC had around 1200; customers were typically county election offices. With the merger, ES&S became the largest voting system vendor in the United States. [15] The merger was delayed by the U.S. Department of Justice on antitrust grounds until ES&S agreed to transfer the Optech product line to Sequoia Voting Systems, while retaining the right to sell and service Optech products to its existing customers. [8]

Shortly after the BRC-AIS merger, ES&S acquired the rights to Votronic, which they renamed iVotronic, and made major cosmetic changes to it. In their sales presentations, ES&S emphasized that the iVotronic was essentially the same machine as the Votronic except for features added to bring it into compliance with the Americans with Disabilities Act of 1990. [11] [16]

ES&S was one of the top four providers of voting equipment used in the November 2004 election. The other three were Diebold Election Systems, Sequoia Voting Systems, and Hart InterCivic. [17]

In January 2008, ES&S acquired AutoMARK Technical Systems. [18] Under ES&S's ownership, AutoMARK's use expanded considerably. Eight years after its acquisition by ES&S, in the 2016 elections, it was used statewide in ten states, and widely used in 19 additional states. [19]

In September 2009, ES&S acquired Premier Election Solutions, formerly known as Diebold Election Systems. [17] [20] Following the acquisition, the Department of Justice and 14 individual states launched investigations into the transaction on antitrust grounds. [21]

In March 2010, the Department of Justice filed a civil antitrust lawsuit against ES&S, seeking it to divest voting equipment systems assets it purchased in September 2009 from Premier Election Solutions in order to restore sufficient competition. [22] The company later sold the assets to Dominion Voting Systems. [23]

Ownership and management

As of June 2019, ES&S was wholly owned by Government Systems, Software & Services, Inc. McCarthy Group held a controlling ownership. Those with over 5% share investments in the company, as of June 2019, included Tom Burt and Tom O'Brien. Those with over 5% ownership stakes in McCarthy Group were Nancy McCarthy and Kenneth Stinson, both passive investors. [24]

As of 2020, Burt is president and chief executive officers ES&S, and O'Brien is vice president/CFO. [25]

Controversies

Voting system certifications

In May 2013, the Election Assistance Commission certified ES&S' EVS 5.0 election management system [26] as meeting the commission's 2005 Voluntary Voting Systems Guidelines (VVSG). Products included in EVS 5.0 are ES&S' DS200 and DS850 vote tabulators. [27]

EVS 5.0 also saw enhancements to the company's AutoMARK software, which is designed to be compliant with the federal Americans with Disabilities Act of 1990 for allowing voters with disabilities to cast ballots. In October 2012, the EAC certified ES&S' Unity 3.4.0.0 election management software. [28]

In June 2014, the Virginia Board of Elections certified EVS 5201, the first state to certify an election management system that features the ExpressVote Universal Voting System. This election system combines paper-based voting with touch screen technology that's designed to serve every eligible voter, including those with disabilities.

The same month, following the certification of EVS 5201 was certified, Fairfax County, Virginia, purchased ExpressVote Universal Voting System. which it used for the first time in its November 2014 general election.

Electronic poll books

In January 2014, the City of Chicago reached an agreement with ES&S to provide more than 2,100 ExpressPoll [29] voter check-in and verification devices to support Chicago's 1.6 million registered voters. The electronic poll books were first used in Chicago's 2014 primary elections.

Withdrawal and Reinstatement of InkaVote

On August 3, 2007, California Secretary of state Debra Bowen withdrew approval of the ES&S InkaVote Plus after announcing a "top-to-bottom review" of the voting machines certified for use in California in March 2007. [30] However, the InkaVote Plus was never included in the review process conducted by Bowen's office. [31] Bowen then approved InkaVote Plus for use by Los Angeles County and the city of Los Angeles on January 2, 2008. [32]

Oakland County, Michigan

Early voters in the 2008 U.S. presidential election in Oakland County, Michigan reported instances of malfunctioning machines, [17] complaining that they voted for one candidate and their vote was switched to another candidate. [33] The Oakland County county clerk reported inconsistent results with some machines during testing in October. [34]

Four years later, during the 2012 elections, ES&S added wireless modem technology so officials could make secure reports via cell phones. This upgrade was designed to improve the transparency and accuracy of Oakland County's election night reporting. The wireless technology used by Oakland County was tested by a federally accredited voting system test laboratory and subsequently tested and approved by the State of Michigan for pilot usage in the 2012 presidential election. [35]

2010 election problems

On April 14, 2010, the Cleveland Plain Dealer reported that, "about 10 percent of Cuyahoga County’s voting machines...[had] failed a pre-election test." [36] After 20 months of investigation, the Election Assistance Commission recommended decertification of the ES&S voting machines if they could not be fixed. The investigation found: [37]

In May 2013, however, the Election Assistance Commission certified the DS200 as part of ES&S' EVS 5.0 election management system as meeting its 2005 Voluntary Voting Systems Guidelines (VVSG). Image of EAC certificate

Remote access controversy

In February 2018 article, The New York Times , [38] reported that remote-access software had been found on an election management computer system used in Pennsylvania, and quoted unnamed sources, who said "ES&S has in the past sometimes sold its election-management system with remote-access software preinstalled." This was used by ES&S technicians to remotely access the systems via modem to troubleshoot and provide maintenance to systems they sold. The company denied this, saying "none of the employees...including long-tenured employees, has any knowledge that our voting systems have ever been sold with remote-access software." [39] [40]

In an April 2018 letter sent to U.S. Senator, Election Systems & Software acknowledged that some of the election management systems the company sold for voting actually did have remote access software installed. [39] [40] [41] The letter to Wyden had been in response to a question from the senator requesting clarification of the information on remote-access software in the New York Times article. [41] [40]

While election management systems are not the voting machines voters use to cast their ballots, they are used to program the voting machines used in a county and to count and tabulate the results from the voting machines. By installing remote access software allowing the machines to be accessed via the internet, the machines are vulnerable to being "hacked" remotely, allowing the counting to be altered surreptitiously, or malware to be installed to affect an election result. Motherboard, the site that originally published the story, reported that the remote access software installation was "the worst decision for security short of leaving ballot boxes on a Moscow street corner." [39]

According to its April 2018 letter, ES&S claims to have stopped installing remote access software as of December 2007, which is required under the standards of the U.S. Election Assistance Commission. [39]

Johnson County, Indiana

During the general election in November 2018, thousands of voters in Johnson County, Indiana were required to wait in line for hours as technical glitches and computer crashes caused issues throughout the county. A preliminary repor] prepared for the Indiana Secretary of State by Ball State University's Voting System Technical Oversight Program examined the reporting errors, and a preliminary report concluded that ES&S failed to report several anomalies that occurred prior to election day in violation of Indiana's state election law. [42] [43]

Operating software vulnerabilities

In July 2019, [44] the Associated Press reported that, "the vast majority of 10,000 election jurisdictions nationwide use Windows 7 or an older operating system to create ballots, program voting machines, tally votes and report counts." Windows 7 reaches its "end of life" on January 14, 2020, meaning that Microsoft will cease providing technical support for the system, including patches to fix software vulnerabilities. For jurisdictions that already purchased systems running on Windows 7, ES&S said it would work with Microsoft to provide support until jurisdictions can update them. Windows 10 was released in 2015, and it was not immediately clear how long it would take to updates and associated federal and possible state certifications and to roll out updates. The company was not at the time sure that it could be done prior to the state's primaries, which began in February 2020. Kevin Skoglund, chief technologist at Citizens for Better Elections, said county election officials point to Election Assistance Commission and state certifications as "rock-solid proof" that their systems are secure, but do not realize that vendors are certifying systems under dated 2005 standards.

See also

Related Research Articles

Premier Election Solutions, formerly Diebold Election Systems, Inc. (DESI), was a subsidiary of Diebold that made and sold voting machines.

A voting machine is a machine used to record votes in an election without paper. The first voting machines were mechanical but it is increasingly more common to use electronic voting machines. Traditionally, a voting machine has been defined by its mechanism, and whether the system tallies votes at each voting location, or centrally. Voting machines should not be confused with tabulating machines, which count votes done by paper ballot.

Electronic voting is voting that uses electronic means to either aid or take care of casting and counting ballots.

<span class="mw-page-title-main">Help America Vote Act</span> 2002 election law

The Help America Vote Act of 2002, or HAVA, is a United States federal law which passed in the House 357-48 and 92–2 in the Senate and was signed into law by President George W. Bush on October 29, 2002. The bill was drafted in reaction to the controversy surrounding the 2000 U.S. presidential election, when almost two million ballots were disqualified because they registered multiple votes or no votes when run through vote-counting machines.

<span class="mw-page-title-main">Election Assistance Commission</span> American government agency

The Election Assistance Commission (EAC) is an independent agency of the United States government created by the Help America Vote Act of 2002 (HAVA). The Commission serves as a national clearinghouse and resource of information regarding election administration. It is charged with administering payments to states and developing guidance to meet HAVA requirements, adopting voluntary voting system guidelines, and accrediting voting system test laboratories and certifying voting equipment. It is also charged with developing and maintaining a national mail voter registration form.

Vote counting is the process of counting votes in an election. It can be done manually or by machines. In the United States, the compilation of election returns and validation of the outcome that forms the basis of the official results is called canvassing.

Voter verifiable paper audit trail (VVPAT) or verified paper record (VPR) is a method of providing feedback to voters using a ballotless voting system. A VVPAT is intended as an independent verification system for voting machines designed to allow voters to verify that their vote was cast correctly, to detect possible election fraud or malfunction, and to provide a means to audit the stored electronic results. It contains the name of the candidate and symbol of the party/individual candidate. While it has gained in use in the United States compared with ballotless voting systems without it, it looks unlikely to overtake hand-marked ballots.

A DRE voting machine, or direct-recording electronic voting machine, records votes by means of a ballot display provided with mechanical or electro-optical components that can be activated by the voter. These are typically buttons or a touchscreen; and they process data using a computer program to record voting data and ballot images in memory components. After the election, it produces a tabulation of the voting data stored in a removable memory component and as printed copy. The system may also provide a means for transmitting individual ballots or vote totals to a central location for consolidating and reporting results from precincts at the central location. The device started to be massively used in 1996 in Brazil where 100% of the elections voting system is carried out using machines.

Sequoia Voting Systems was a California-based company that was one of the largest providers of electronic voting systems in the U.S., having offices in Oakland, Denver and New York City. Some of its major competitors were Premier Election Solutions and Election Systems & Software.

End-to-end auditable or end-to-end voter verifiable (E2E) systems are voting systems with stringent integrity properties and strong tamper resistance. E2E systems often employ cryptographic methods to craft receipts that allow voters to verify that their votes were counted as cast, without revealing which candidates were voted for. As such, these systems are sometimes referred to as receipt-based systems.

An optical scan voting system is an electronic voting system and uses an optical scanner to read marked paper ballots and tally the results.

The Voluntary Voting System Guidelines (VVSG) are guidelines adopted by the United States Election Assistance Commission (EAC) for the certification of voting systems. The National Institute of Standards and Technology's Technical Guidelines Development Committee (TGDC) drafts the VVSG and gives them to the EAC in draft form for their adoption.

Electronic voting by country varies and may include voting machines in polling places, centralized tallying of paper ballots, and internet voting. Many countries use centralized tallying. Some also use electronic voting machines in polling places. Very few use internet voting. Several countries have tried electronic approaches and stopped because of difficulties or concerns about security and reliability.

In 2010, New York State became the last U.S. state to switch to electronic voting under the Help America Vote Act. In doing so, New York abandoned its Shoup lever machines which had been used since 1962 and were originally built by American Voting Machines Company in Jamestown, New York.

<span class="mw-page-title-main">Risk-limiting audit</span>

A risk-limiting audit (RLA) is a post-election tabulation auditing procedure which can limit the risk that the reported outcome in an election contest is incorrect. It generally involves (1) storing voter-verified paper ballots securely until they can be checked, and (2) manually examining a statistical sample of the paper ballots until enough evidence is gathered to meet the risk limit.

A ballot marking device (BMD) or vote recorder is a type of voting machine used by voters to record votes on physical ballots. In general, ballot marking devices neither store nor tabulate ballots, but only allow the voter to record votes on ballots that are then stored and tabulated elsewhere.

<span class="mw-page-title-main">Election audit</span>

An election audit is any review conducted after polls close for the purpose of determining whether the votes were counted accurately or whether proper procedures were followed, or both.

The Verified Voting Foundation is a non-governmental, nonpartisan organization founded in 2004 by David L. Dill, a computer scientist from Stanford University, focused on how technology impacts the administration of US elections. The organization's mission is to “strengthen democracy for all voters by promoting the responsible use of technology in elections.” Verified Voting works with election officials, elected leaders, and other policymakers who are responsible for managing local and state election systems to mitigate the risks associated with novel voting technologies.

<span class="mw-page-title-main">Postal voting in the United States</span> Overview of topic

Postal voting in the United States, also referred to as mail-in voting or vote by mail, is a form of absentee ballot in the United States, in which a ballot is mailed to the home of a registered voter, who fills it out and returns it by postal mail or drops it off in-person at a secure drop box or voting center. Postal voting reduces staff requirements at polling centers during an election. All-mail elections can save money, while a mix of voting options can cost more. In some states, ballots may be sent by the Postal Service without prepayment of postage.

<span class="mw-page-title-main">Electronic voting in the United States</span> Facet of American elections

Electronic voting in the United States involves several types of machines: touchscreens for voters to mark choices, scanners to read paper ballots, scanners to verify signatures on envelopes of absentee ballots, and web servers to display tallies to the public. Aside from voting, there are also computer systems to maintain voter registrations and display these electoral rolls to polling place staff.

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