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Electronic voting machines off for most early voting
Wednesday, May 3, 2006

By Rob Moritz
Arkansas News Bureau

LITTLE ROCK - Most counties in Arkansas will be using paper ballots when early voting begins next week because of problems with the recently purchased electronic voting machines, Secretary of State Charlie Daniels said Tuesday.

Electronic balloting will be available for early voting in the eight counties that comprise the 2nd Congressional District in central Arkansas because there is a competitive federal party primary on the ballot, Daniels said. The federal Help America Vote Act requires the machines be available in contested federal races this year.

Daniels said he was confident that electronic voting machines would be available in all 75 counties by the May 23 primary.

The secretary of state spoke at a news conference Tuesday to address questions being raised about whether Election Systems & Software of Omaha, Neb., would be able to provide electronic voting machines, ballot software and absentee ballots in time for early voting that begins Monday.

At least 14 counties missed a Friday deadline to deliver absentee ballots to their clerks' offices for mailing. Several other counties, including Pulaski, have reported receiving defective software for their new machines.

The Nebraska company was awarded $15 million contract in November to deliver electronic voting machines for state compliance with the federal Help America Vote Act. The federal legislation was passed after the 2000 recount that determined George W. Bush's win over Al Gore in the presidential race.

Under the law, at least one new electronic voting machine was required at each of the polls by the May 23 primary elections in Arkansas.

"This is a deviation from the plan we had originally envisioned and communicated with our counties, and for that, I apologize to our county clerks and election commissioners," Daniels said during a news conference at the state Capitol.

"I know many of them were excited about using the new technology for the very first time, but we all agree that we would rather proceed cautiously than rush a deployment for which we are not prepared." he said.

Mark Kelley, a regional account manager for ES&S, attended the press conference and admitted that his company has been stretched thin with trying to get equipment to Arkansas and 47 other states in time to meet the federal law.

Kelley said the company has had just two full-time employees working in Arkansas, but more are expected this week because primaries in Ohio and Indiana were held earlier this week.

"With the nationwide implementation of the Help America Vote Act, this has been a challenging year," Kelley said. "The unprecedented level of change has presented challenges all across the country for election officials, voters and election vendors."

Daniels said any additional election costs accrued by counties because of using the paper ballots would be reimbursed by the state. He said ES&S would probably be asked to help cover the extra costs, but that any discussion about additional costs would have to wait until after this year's elections.

Later Tuesday, Republican Jim Lagrone of Bryant, who is running against Daniels, a Democrat, in the Nov. 7 general election, criticized Daniels for awarding the contract and for the way he has handled the situation.

Lagrone said ES&S has had similar problems in several other states and that Daniels should not have waited until last November to award the contract.

"Daniels is racing, even today, to cover his tracks on this and it's the voters of Arkansas who will pay the price," Lagrone said.

Daniels said he could not have made the decision earlier because the Legislature during the 2005 session changed state election laws to require computerized voting machines to leave a paper record of votes cast.

The secretary of state also defended the decision to award ES&S the $15 million contract last year.

He said just two companies bid on the project and while a committee recommended the other firm, Daniels said he chose ES&S because they had a better reputation nationally and had already done some work in Arkansas.

Seventy-two counties in the state are to receive the electronic voting equipment from ES&S. Three counties - Columbia, Union and Ouachita - already have electronic machines and comply with the federal law.

The eight counties in the 2nd Congressional District where electronic machines will be available for early voting are Conway, Faulkner, Perry, Pulaski, Saline, Van Buren, White and Yell.

Tim Humphries, attorney for the secretary of state's office, said he did not think the state would be in violation of the new federal law because there will be electronic machines available during the early voting period in the 2nd District, the location of the state's only contested federal primary.

Janet Harris, deputy secretary of state, said the counties that do not have their absentee ballots by today have been instructed to send federal write-in absentee ballots with a list of the candidates and issues oversees to military personnel.



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