Election Systems & Software
Election Systems & Software (ES&S) is an Omaha, Nebraska-based company that manufactures and sells voting machine equipment and services. The company's offerings include vote tabulators, direct-recording electronic (DRE) machines, voter registration and election management systems, ballot-marking devices, ballot-on-demand printing services, and absentee voting-by-mail services.
ES&S is a subsidiary of McCarthy Group, LLC. In 2013, ES&S was the largest manufacturer of voting machines in the United States, claiming customers in 4,200 localities in 41 states and two U.S. territories. As of 2013, the company had more than 450 employees, more than 200 of whom are located in Omaha.
In May 2013, the Election Assistance Commission certified ES&S' EVS 5.0 election management system  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.
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 184.108.40.206 election management software. 
In 2013, 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, provided services to more than 50,000 elections. The company has installed statewide voting systems in Alabama, Arkansas, Georgia, Idaho, Iowa, Maine, Maryland, Minnesota, Mississippi, Montana, Nebraska, New Mexico, North Carolina, North Dakota, Rhode Island, South Carolina, South Dakota, and West Virginia. ES&S claims a U.S. market share of more than 60 percent in customer voting system installations.
The company maintains 10 facilities in the United States, two field offices in Canada (Pickering, Ontario; and Vancouver, British Columbia) and a warehouse in Jackson, Mississippi.
Election Systems & Software was incorporated in August 1979 as American Information Systems Inc. (AIS). The company acquired the Election Services Division of Business Records Corporation and was incorporated as Election Systems & Software, Inc. in December 1997. 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.
In September 2009, ES&S acquired the assets of Premier Election Solutions and Premier-Canada. In October 2011, Premier was merged into the ES&S company, and ES&S changed its form of legal entity from a C-corporation to a Delaware limited liability company.
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. However, the InkaVote Plus was never included in the review process conducted by Bowen's office.  Bowen then approved InkaVote Plus for use by Los Angeles County and the City of Los Angeles on January 2, 2008. 
Oakland County, Michigan
Early voters in the 2008 Presidential election reported instances of malfunctioning machines. People complained that they voted for one candidate, only to have their selection switch to another. The clerk of Oakland County, Michigan reported inconsistent results with some machines during testing in October.
For 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 November 2012 presidential election.
2010 antitrust investigation
ES&S acquired Premier Election Solutions (formerly known as Diebold Election Systems) on September 3, 2009. Following the acquisition, the Department of Justice and 14 individual states launched investigations into the transaction on antitrust grounds. In March 2010, the Department of Justice filed a civil antitrust lawsuit against ES&S, requiring it to divest voting equipment systems assets it purchased in September 2009 from Premier Election Solutions in order to restore competition. The company later sold the assets to Dominion Voting Systems.
Reported problems during the 2010 election
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.” After 20 months of investigating the DS200 Precinct Count Optical Scanner in the EAC-certified Unity 220.127.116.11 voting system, on December 22, 2011, the Election Assistance Commission recommended decertification of the ES&S voting machine if it cannot be fixed. From the findings:
- “The DS200 accepts a voted ballot but does not record the ballot on its internal counter. In addition the marks of the second ballot are not recorded.”
- “When a 17” ballot was inserted at an angle, the DS200 did not consistently count the mark properly. The mark registered either as a different selection than intended or did not register at all.”
- The system randomly freezes and does not record the freeze in its log files. There are other events not logged, such as touch screen calibration.
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
- "Certified Voting Systems". www.eac.gov. U.S. Election Assistance Commission. Retrieved 24 June 2013.
- "2005 Voluntary Voting System Guidelines". www.eac.gov. U.S. Election Assistance Commission. Retrieved 24 June 2013.
- "EAC Unity Certificate". www.eac.gov. Election Assistance Commission. Retrieved 24 June 2013.
- Lundin, Leigh (2008-08-17). "Dangerous Ideas". Voting Fiasco, Part 279.236(a). Criminal Brief. Retrieved 2010-10-07.
- "Rescission and Withdrawal of Approval of the Election Systems and Software InkaVote Plus Precinct Ballot Counting System, Version 2.1, as Approved on April 21, 2006". California Secretary of State. 2007-08-03. Archived from the original on 2007-10-31. Retrieved 2007-08-15.
- "EDITORIAL PANIC ATTACK DECERTIFICATION DOESN'T MEAN ANYTHING'S WRONG WITH INKAVOTE". Los Angeles Daily News. Los Angeles Daily News. Retrieved 24 June 2013.
- "Early Voting Sees Reports of Voter Intimidation, Machine Malfunctions". Democracy Now!. 2008-10-22. Retrieved 2008-10-23.
- "Letter from Ruth Johnson to Election Assistance Commission". Wired.com. Retrieved 2008-11-04.
- "More financial news". The Boston Globe. 2009-08-24.
- "ES&S buys competitor". Omaha.com. Retrieved 2009-03-09.
- Ben Klayman (2009-12-19). "U.S. opens probe of Diebold unit sale -report". Thomson Reuters. Retrieved 2010-01-20.
- United States Department of Justice (March 8, 2010). "Justice Department Requires Key Divestiture in Election Systems & Software/Premier Election Solutions Merger". Retrieved 2012-11-09.
- "Dominion Voting Systems, Inc. Acquires Premier Election Solutions Assets From ES&S". Business Wire. May 20, 2010. Retrieved 2012-11-09.
- "10 percent of Cuyahoga County's voting machines fail pre-election tests". Cleveland Plain Dealer. 2010-04-14. Retrieved 2012-01-03.
- "Election System Alert: ES&S Machines". The Moderate Voice. 2012-01-03. Retrieved 2012-01-03.