Controller Finds Flawed Procurement Process & Official Conflicts of Interest, But Won't Hold Up $29 Million Voting Machines Purchase

By Ralph Cipriano
for BigTrial.net

City Controller Rebecca Rhynhart has concluded that the procurement process that led to the purchase of $29 million in new voting machines for Philadelphia was flawed, slanted to favor the winning vendor, and marred by official conflicts of interest.

But because the flaws were the fault of the city, Rhynhart says, she has "no legal justification to hold up this payment." So last week, the controller approved the first $7 million payment by the city to ES&S of Omaha, Nebraska, maker of the ExpressVoteXL. Rhynhart added that she will not block any remaining payments to the vendor on the $29 million deal.

"I'm really frustrated at this point," she said at the conclusion of a press conference today to announce the findings of a seven-month investigation into the purchase of the new voting machines, a deal that she had repeatedly threatened to block payment on.

"I'm frustrated with a process that wasn't done well," she said about the way the city purchased its new voting machines.

2

Board Of Elections Won't Rescind Voting Machines Purchase

By Ralph Cipriano
for BigTrial.net

The Board of Elections today decided who cares if the company that sells the most expensive -- and allegedly the most easily hacked voting machines out there -- broke city law by failing to disclose that it had hired lobbyists to help land a $29 million contract with the city?

And who cares if those same lobbyists were writing undisclosed campaign checks to a couple of elections commissioners who allegedly were in the tank big time for the winning bidder?

To ratify a deal that smells pretty ripe at this point the Elections Board had to ignore City Controller Rebecca Rhynhart, who stopped by today to personally ask the board to wait just "a few short weeks" until her ongoing investigation of the voting machines deal was complete, so the board could make a "fully informed decision."

2

City Asked To Void $29 Million Voting Machines Contract

By Ralph Cipriano
for BigTrial.net

The manufacturer of Philadelphia's controversial new voting machines, the ExpressVote XL, violated city law by failing to disclose that it had hired lobbyists and consultants to help land a $29 million contract with the city.

The discovery that Election Systems and Software LLC, or ES&S, had hired two lobbying firms, Duane Morris and Triad Strategies, was made by Controller Rebecca Rhynhart during an ongoing investigation of the city's procurement process, which the controller has repeatedly said has been compromised, and that's why she wanted to block payment on the $29 million contract.

ES&S also didn't disclose campaign contributions made by its lobbyists to a couple of commissioners on the Board of Elections. Together, the violations amount to a serious enough offense that the city would be justified in voiding the $29 million contract, according to the controller, and the city solicitor's office. ES&S is also on the hook for a ten percent fine, or $2.9 million, according to the city solicitor, which the company has announced it will pay if the city proceeds with the contract.

1

A Cloud Of Corruption Over City's Purchase of New Voting Machines

By Ralph Cipriano
for BigTrial.net

There was no formal announcement made or press conference held to commemorate the event. But the week before the May 21st primary election, the Kenney administration quietly signed a $29 million contract to buy new voting machines.

Two weeks later, when the election was over, and the mayor victorious by a landslide, his spokesman confirmed last Friday that the voting machines contract had indeed been "signed by all parties and finalized in the city system." The unannounced contract includes an additional $6 million in possible contingency costs, which would put the total purchase at $35 million, with additional expenses expected to follow.

While the city administration proceeds with plans to buy what critics say are the most expensive and riskiest voting machines out there as far as hackers are concerned, the ExpressVoteXL, the controller's office has issued two series of subpoenas prying into the secrecy of the procurement process behind the purchase. With the assistance of outside counsel, city Controller Rebecca Rhynhart is proceededing with her own investigation of the murky deal that may ultimately cost taxpayers more than $50 million.

2

Mayor Kenney On Controller's Voting Machine Objections: "I Don't Know What Her Problem Is"

By Ralph Cipriano

for Philadelphia magazine

Mayor Jim Kenney has come out swinging in defense of the city's looming purchase of more than $50 million worth of new voting machines that critics say are too expensive, susceptible to hackers, and the product of a tainted procurement process.

On Monday, the City Commissioners' Office, which oversees elections, took delivery of 83 new ExpressVoteXL machines worth about $8,000 each, or some $664,000, without benefit of a contract, public vote, or any money appropriated to pay for it. City Controller Rebecca Rhynhart has publicly pledged to block the purchase of the machines because she's "deeply concerned about the legality of this process."

"We believe we're right," the mayor insisted in a brief interview following a press conference on economic development at City Hall on Thursday. "We think she's wrong, we did our due diligence. I don't know what her problem is."

The rest of the story can be read here.

1

Philly Screws Up $50 Million Voting Machines Purchase

With these two guys in the mix, what could possibly go wrong?

By Ralph Cipriano
for Philadelphia magazine

Philadelphia's city commissioners, who oversee elections, say they've purchased the best -- and most expensive -- new voting machines out there just in time for the Nov. 5th election.

The ExpressVoteXL features a 32-inch touch screen that displays the full ballot, a familiar feature of the old machines the city is replacing, as well as a new safety measure mandated by Gov. Wolf: a verifiable paper trail.

The ExpressVoteXL costs about $8,000 each, and by the time the city gets through buying, servicing and maintaining all 3,735 new machines, as well as purchasing ancillary equipment, the total bill, according to official estimates, may be between $50 million and $60 million.

If the city picked the right machines, however, they went about it the wrong way, say some elected public watchdogs and knowledgable critics. And now it's up to city controller Rebecca Rhyhnart to decide whether she's going to use powers granted to her under the city charter to try to block the purchase.

The rest of the story can be read here.

0