The recently announced acquisition of Premier Election Solutions (formerly Diebold) by its largest competitor, Election Services & Software (ES&S), requires close scrutiny, as it raises greater concerns about the security, transparency and cost of elections and creates a profound anti-competitive effect in the shrinking marketplace for voting systems. We welcome the call by Senator Charles E. Schumer, chair of the U.S. Senate Committee on Rules and Administration, for a Department of Justice probe of the Premier sale,[1. http://schumer.senate.gov/new_website/record.cfm?id=317761] and we hope the Department acts promptly on the recommendation. In addition, a judge for the US District Court in New Jersey has set a date for a hearing on an injunction to block the merger.[2. http://legaltimes.typepad.com/blt/2009/09/judge-sets-hearing-on-injunction-to-block-voting-machine-merger.html] Verified Voting estimates that some 64 percent of the nation’s registered voters live in jurisdictions where ES&S or Premier vote tabulating equipment is used. The request was brought by a vendor who argues that the resulting stranglehold on the market raises a “threat of irreparable harm” to voters.[3. Based on 2008 voter registration data. http://verifiedvoting.org/verifier]
What can we expect to see? In the near future, many election jurisdictions, especially those using direct-recording electronic voting systems, may need to replace their current voting systems as equipment purchased to comply with the Help America Vote Act of 2002 nears the end of its expected life. With ES&S’ acquisition of Premier’s contracts, it dominates the marketplace.[4. “Ongoing Challenges in Voting System Certification.” By Douglas W. Jones. Presented at the Innovations in Election Technology Conference, May 28, 2009. http://www.cs.uiowa.edu/~jones/voting/uminn09.shtml]