California Attorney General Bill Lockyer said on Tuesday that he would sue electronic voting machine maker Diebold Inc. on charges it defrauded the state with false claims about its products.
Secretary of State Kevin Shelley has said Diebold deceived California with aggressive marketing that led to the installation of touch-screen voting systems that were not tested or approved nationally or in California. Shelley decertified Diebold's Accu-Vote TSx voting system and required four counties where they were to be used — including San Diego, Solano, San Joaqui and Kern — to use paper ballots instead.
Eleven other counties have had their voting machines recertified after adding equipment that would print ballot receipts for voters.
The controversy over electronic voting machines has centered on Diebold, the country's largest e-voting system supplier — in part because of questions raised by computer experts about the system's security, and in part because of the company's months-long row with Shelley. Back in April, when Shelley decertified Diebold's machines, he called for a criminal probe into the company.
Lockyer’s office issued a statement noting he has authority to intervene in and take over false-claims cases involving vendors to state.
“Lockyer determined sufficient evidence existed to go forward with a false-claims lawsuit against Diebold,” the statement said. The state’s top lawyer earlier had dropped the criminal investigation of Diebold.
Diebold Vice President Thomas Swidarski said in a statement that the company was pleased Lockyer dropped the criminal probe. Despite Lockyer’s decision to sue, the company is “confident that the state’s decision to intervene will aid in a fair and dispassionate examination of the issues raised in the case,” Swidarski said.
