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Group Asks DoJ to Nix Diebold's Voting Machine Sale

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Group Asks DoJ to Nix Diebold's Voting Machine Sale

Diebold's sale of its voting machine division to a competitor, Election Systems & Software, has been challenged by the voter advocacy group Voter Action. The group has asked the DoJ to unwind the sale, saying it would give ESS a monopoly on voting systems that would violate federal antitrust laws. Sen. Charles Schumer, D-N.Y., has also asked the DoJ to investigate.


A voter advocacy organization asked the U.S. Justice Department Tuesday to undo the sale by Diebold of its voting machine business, saying the transaction promotes a monopoly.

Voter Action, based in Washington, D.C., said in a letter to the department's antitrust division that the transaction is a grab for market share. The sale creates monopoly power in violation of federal antitrust laws, the group said.

'Absolutely Unique'

Diebold said in early September it would sell its Allen, Texas-based subsidiary Premier Election Solutions to its bigger competitor, Election Systems & Software of Omaha, Neb., for US$5 million plus payments representing 70 percent of collections of the unit's accounts receivable as of Aug. 31.

"The ES&S/Premier acquisition is absolutely unique in its potential for disturbing U.S. election processes and results," Voter Action said.

The acquisition of Diebold's business threatens to undermine competition for reliable voting equipment as required by federal and state election reforms following the disputed presidential election of 2000, Voter Action said.

"There is simply no legitimate reason for this acquisition of monopoly power under the antitrust laws," it said.

The group asked the Justice Department to "unwind this transaction."

ESS Defends Sales

Mike Jacobsen, a spokesman for North Canton, Ohio-based Diebold, said the sale already has gone through and referred questions to Election Systems & Software.

Ken Fields, a spokesperson for Election Systems & Software, said in an e-mail Increase Customer Sales with Email Marketing -- Free Trial from VerticalResponse that the acquisition is in the best interests of the company's customers and the elections industry.

"The combined company will deliver benefits to our customers and provide stable levels of support with no interruption in service today and well into the future."

Sen. Charles Schumer, D-N.Y., asked the Justice Department earlier this month to review the transaction. He said he was concerned it could have an adverse impact on American voting.

Schumer, chairman of the Senate Rules and Administration Committee, said the sale gives one company control of more than three-quarters of the U.S. market for voting systems.

© 2009 Associated Press. All rights reserved.
© 2009 ECT News Network. All rights reserved.


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