That history is not lost on Premier, which said its good relations with the state made the attorney general's recent claim "all the more of a surprise," according to the company's written response.
The company said its system satisfies contractual security requirements and that the state decided to incorporate additional measures based on the reports it commissioned. The company's response relied in part on the state's legal defense from four years ago that contended no system is perfect and pointed out that there had not been a single report of a security breach.
Premier also said that it has provided additional services and materials beyond what was required under the contract at no additional charge.
Other problems have surfaced that aren't addressed in the state's claim. Diebold had to replace parts in voting machines used in the 2004 election because of glitches in the "motherboard," the main circuit board, that could cause the machines to freeze. Then in the 2006 primary election, the state's new "e-poll books," electronic check-in terminals made by Diebold that are distinct from the touch-screen voting units, crashed repeatedly.
"Voter confidence and the integrity of the process were undermined by the use of these machines," Gansler said. "It took nearly 10 years for us to figure out we shouldn't be using them, but during the course of that time we did everything we could to ensure reliability."
The claim now goes before a state procurement officer, whose decision on the matter could then be petitioned to the Maryland State Board of Contract Appeals. Until the dispute is settled, the state is withholding payment on $4 million in bills for services Premier provided for the 2008 elections.
