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Voting-machine firm threatens action against state
08/13/03 Julie Carr Smyth Plain Dealer Bureau
Columbus - A company bumped Friday from participating in Ohio's lucrative statewide voting-machine upgrade is demanding that Secretary of State Ken Blackwell reconsider, contending that the move was "arbitrary, capricious, unreasonable and unlawful."
In a letter to Blackwell's office dated Monday, Sequoia Voting Systems President Tracey Graham said the decision was unfair, and she threatened legal action to either block the final selection of eligible firms or disqualify those named.
Blackwell's final picks in the cutthroat, politically charged vendor contest are scheduled to be released Friday, allowing Ohio counties time to pick a qualified firm and convert to electronic voting in time for next year's election. Ohio will spend as much as $161 million in state and federal money on the conversion.
Graham wrote that an e-mail from Ohio negotiators said the price offered by Sequoia, a voting-machine industry leader, was too high - even as the firm was preparing to present its "best and final offer" this week. She said publicly available information shows that the firm's offer was within the state's budget.
In addition to its legal threat - which Blackwell's office rebuffed - the company e-mailed county boards of elections around Ohio with interest in their machines, asking them to register their disappointment.
Blackwell spokesman Carlo LoParo said that vendors' "best and final offers" were due last week and that Sequoia and other competitors were aware that "critical decisions would be made based on those offers."
"They submitted an offer, and it did not meet our requirements for a market-competitive price, and the vendor was removed from consideration," LoParo said.
He said firms that made it into the Top Five - Diebold Elections Systems, Election Systems & Service, Hart Intercivic, MicroVote and Sequoia - moved into this week's final phase based on four rounds of negotiations.
Diebold, Hart and ES&S all made it into the final round, according to representatives of the firms. Their final talks are centering on security and training issues and how conversion to new machines would be carried out, LoParo said.
To reach this Plain Dealer reporter:
jsmyth@plaind.com, 1-800-228-8272
© 2003 The Plain Dealer. Used with permission.
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