In six weeks, voters can start casting ballots in the 2019 primary election, and the county is still unclear which vendor will run this year’s elections.
In another special joint meeting of the Johnson County Commissioners and Election Board on Monday, election officials learned of changes to a proposed contract with RBM Consulting, Inc., a local election vendor which agreed earlier this month to provide the technology, support and some equipment for the 2019 primary and municipal elections for $108,000.
The county initially pledged its confidence in Election Systems and Software, its long-time vendor whose technology failed voters in last year’s election, but then changed its mind after the state, in its investigation into the vendor, determined inconsistencies in its reporting and that it broke state election laws. ES and S also refused to agree to the county’s requests moving forward.
The county, earlier this month, opted to go with two other vendors instead — one for electronic poll books, which is what failed voters, and RBM for voting machines and services.
But the price for those voting machines and services has since more than doubled because, the company says, it did not include the cost of equipment in that price. RBM was planning to run the county’s election using ES and S’s voting machines and software. But it can’t do that, RBM co-owner Keith McGuinness said, if ES and S refuses to sell the county its software needed to operate the equipment.
Now, county commissioners Brian Baird, Kevin Walls and Ron West are questioning the new company’s ethics due to fluctuating costs, whether taxpayers can afford it, and whether the price is too high for a municipal, rather than county-wide, election.
The county’s options are:
Pay RBM the $232,000 for its services and to lease all new equipment this year, and then accept bids for election vendors moving forward;
Stick with Election Systems and Software’s voting machines, software and services for another year;
Convince ES and S to sell the county its software so RBM can run the elections on ES and S’s voting machines for $108,000. But according to election board attorney Dustin Huddleston, ES and S has already said no to that.
None are good options, the commissioners agreed, and election officials have different opinions about how to proceed.
The county commissioners are expected to make a final decision regarding election vendors for this year’s elections at another special joint meeting at noon on Wednesday. It is open to the public.
In a recent contract sent to the county from RBM, the total cost to bring in all new voting machines, software and licensing fees and manage both elections would be $232,000, and poll workers and voters would have to quickly learn how to use the new system.
McGuinness apologized to the commissioners for the confusion and offered to credit that $232,000 back to the county for new machines if the county were to purchase all new equipment and have the company run the county’s elections moving forward. McGuinness, who attended the meeting Monday, estimated that would be about $1.1 million next year, but wouldn’t say how much the annual fees would be after that.
For a purchase that big, the county would have to go through the formal bidding process, which means other vendors could come forward and offer a better deal.
The chances of another vendor outbidding RBM are low, Commissioner Ron West said, because RBM would already have a $232,000 leg up, which would likely make it the best bid. But it could happen, and then the county would be out $232,000 for a municipal election.
West wants to rent the new equipment and software for $232,000 and proceed with the bidding process in hopes that RBM wins. He tried, but failed, to get that decision to a vote on Monday.
Commissioners Brian Baird and Kevin Walls want more details, such as cost comparisons and promises McGuinness made during the meeting in writing before they make a final decision, they said.
How the decision made later this week will impact other changes that are already in motion is unclear.
On Feb. 10, the commissioners voted to buy all new electronic poll-books from KNOWiNK, which have already been ordered, rent new machines and services from RBM for this year’s elections, and terminate the county’s contract with ES and S. But the county has not yet terminated that contract, Huddleston said.
Election board president Phil Barrow wants to proceed with a new vendor or vendors now.
“After all of the things we’ve been through and all of the problems we’ve had and the voter experience in the last election, which the county took a beating on even though it wasn’t out fault, I would never want to go back with ES and S,” Barrow said. “I think we need to find some way to negotiate with (RBM) to see if we can get this worked out.”
Election board member Cindy Rapp would prefer the county stick with ES and S for this election because she doesn’t think the county has enough time to change to a new system before the May primary, she said.
“I’m worried that we’re so close to the election — it’s almost March 1 — and for us to go through this is a lot to get done. We still have a contract with ES and S. We’ve never had any problems with the voting machines … and we’re only talking about the voting machines,” Rapp said.
“I just hate to see us do this and push everything and chance any problems at all with new machines for the voters in Johnson County. If we are going to replace them, I would like to look at a couple other products rather than we decide right now this is what we’re going to do.”
County Clerk Trena McLaughlin did not offer a recommendation, saying she is not comfortable paying $232,000 for a municipal election when having ES and S run this year’s elections would cost the county about $73,000. But she also noted that RBM has already started work on the ballots while ES and S hasn’t done anything to prepare for the May primary, she said.
“I am not happy about spending $232,000 for a municipal election. That’s a lot of money for taxpayers to have to put forth for a municipal election, I feel. But I do like the new machines. I like the paper trail,” McLaughlin said.
She would be OK moving forward with RBM if they were able to negotiate a lower price, but McGuinness did not budge, saying it’s already a fair price compared to other similarly sized counties.
If the commissioners decide to move forward and rent new equipment and services from RBM, the election board would only be able to afford the May primary election, which would cost $116,000, out of its own budget, McLaughlin said. The Johnson County Council would be asked to come up with the additional money to cover the fall election.
“As much as I probably shouldn’t say this, I have an opinion that I think we should probably just stay put for this primary election and then look at changing past that when we have time to do something,” Baird said.
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WHAT: Special joint meeting of the Johnson County Commissioners and Election Board
WHEN: Noon on Wednesday
WHERE: Johnson County Courthouse – West Annex, 86 W. Court Street, Franklin
WHY: To make final decisions regarding elections vendors for this year’s municipal elections
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