ILNews

COA rules against voting-systems company

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.

MicroVote General Corp. provided election equipment and electronic voting systems to 47 counties in Indiana. Under revised Indiana Code Section 3-11-7.5-28(a), the company's systems would become decertified by Oct. 1, 2005, and the systems had to be recertified. MicroVote continued to execute contracts, market its equipment, and install uncertified equipment before becoming re-certified.

The Office of Indiana Secretary of State and the Indiana Election Division instituted separate administrative proceedings claiming MicroVote violated statute by servicing customers after its equipment was decertified. The OSS proceedings recommended a financial punishment. The Indiana Election Commission, which ruled on the IED claim, issued a final order after the OSS initiated proceedings. The IEC prohibited MicroVote from selling, leasing, or marketing its systems in Indiana for 18 months with additional reporting requirements for 3 ½ years thereafter.

In MicroVote General Corp. v. Indiana Election Commission, No. 49A02-0910-CV-975, MicroVote appealed the denial of its verified petition for judicial review. The company claimed IEC should have dismissed the proceedings before it based on res judicata and collateral estoppel grounds.

The trial court held the matter wasn't or couldn't have been determined in a prior action, but the Court of Appeals found MicroVote did satisfy this requirement of res judicata. There was identical evidence offered to support both claims and the only factual difference was the penalty imposed, wrote Judge Patricia Riley.

MicroVote didn't meet the last requirement for res judicata - that the controversy adjudicated in the former action must have been between the parties to the present suit or their privies. It is true that the IED is a division of the OSS, but the two entities have separate authorities.

"While the OSS and the IED both have duties related to Indiana's elections, their respective duties are significantly different," wrote the judge. "Statutorily, the OSS cannot order the sanctions provided for in I.C. § 3-11-7.5-28 and the IEC could not order the penalties provided for in I.C. § 3-11-17-3."

The appellate court also found no error in the application of the offensive collateral estoppel in the proceedings before the IEC. MicroVote had a full and fair opportunity to litigate the issue of its violations and allowing the company to now re-litigate the issue would be unfair under the circumstances.

In addition, the IEC's final order didn't impose penalties and conditions that exceed its statutory authority. The discretionary nature of Indiana's election law statute, combined with the Indiana Administrative Orders and Procedures Act, empowers the IEC to sanction a vendor for violating I.C. § 3-11-7.5-28 without de-certifying the vendor's voting equipment.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

ADVERTISEMENT