Election Systems 

& Software - --- ---- MI\ ,N' AINJNG VOTER CONFIDEN CE. 

ENHAr,':ING TH E VOTING ~PERIENCL 

EXPE~I ENCE 11208 John Galt Boulevard , Omaha, NE 68137 USA 

RELIABILITY Phone: 402,593,0101 ' Toll-Free: 1.877-377-8683 - Fax: 4°2,97°_1285 

SECURITY www,essvole_com 

INNOVATION 

June 29, 2010 

VIA ELECTRONIC MAIL: bhancock@,eac.gov 

AND UPS OVERNIGHT DELIVERY 

Brian Hancock 

Election Assistance Commission 

1225 New York Avenue, N.W. 

Suite 1100 

Washington, DC 20005 

RE: Election Systems & Software, Inc. ("ES&S") Required Notification to the Election 

Assistance Commission ("EAC") Regarding any Known Malfunction of ES&S' 

Voting System Holding an EAC Certification 

Dear Mr. Hancock: 

In accordance with Section 2.3.2.7 of the EAC's Testing and Certification Program Manual 

("Manual"), ES&S, as an EAC Registered Voting System Manufacturer, is obligated to report to the 

Program Director any known "malfunction" of a voting system holding an EAC Certification. 

Specifically, the Manual requires reporting of "any malfunction of a voting system, not caused solely by 

operator or administrative error, which causes the system to cease operation during _a Federal election or 

otherwise results in data loss. Such report shall identify the location, nature, date, impact and resolution 

(if any) and shall be filed with the EAC within sixty (60) days of any Federal Election in which such EAC 

Certified voting system was used." In accordance with the forgoing, ES&S submits the following report 

to the EAC for its review. 

ES&S' EAC certified "ESSUnity3200" voting system was utilized by certain jurisdictions on 

May 4,2010. Overall, ES&S' EAC certified voting system performed very well. However, there were a 

very limited number of issues reported in the State of Ohio. ES&S has included with this report, 

Attachment 1, which provides a list of those items which occurred during the May 4, 2010 Primary 

Election held in the State of Ohio. Although ES&S believes the items set forth on Attachment 1 do not 

need to be reported to the EAC as such items did not, in any way, cause the system to cease operations, 

nor result in any data loss, in order to provide full disclosure to the EAC, ES&S is notifying the EAC of 

those items set forth on Attachment 1 

As you will note on Attachment 1, all of the issues related to the May 4,2010 Primary Election in 

the State of Ohio involved DS200 units. As you are fully aware, ES&S experienced an issue related to 

the freezing of DS200 units during Logic and Accuracy testing in Cuyahoga County, Ohio. The issue 

was identified well in advance of the May 4, 2010 Primary Election and ES&S took specific measures in 

order to ensure this issue would not affect the May 4, 2010 Primary Election. Specifically, ES&S 

developed procedures to be followed in the event a polling location experienced a DS200 issue on 

Election Day, as well as provided Cuyahoga County with additional ES&S personnel in order to assist the 

County in the event it had any issues on Election Day. Further, the issues identified on Attachment 1 

involved a very limited number of DS200 units, as ES&S was made aware of only three instances in 

which the DS200 froze during Election Day. In those cases only one of the three DS200 units was 

replaced, while the other two DS200 units were rebooted and operated properly for the balance of the 
Mr. Brian Hancock 

June 29, 2010 

Page 2 

Election Day. The County did replace two other DS200 units during Election Day, however such 

replacements were the result of paper jams and it was determined by Cuyahoga County to replace those 

two units during Election Day instead of trying to remove the paper jams. Once again, the replacement of 

two units by Cuyahoga County as a result of paper jams did not result in the voting system ceasing 

operation nor did any issue result in the loss of data and, as such, are not a reportable item in accordance 

with the terms set forth in the Manual. 

ES&S would like to reiterate to the EAC that with respect to all issues set forth on Attachment 1, 

in no event did any issue result in ES&S' voting system ceasing operation, nor did any issue result in the 

loss of data. The May 4, 2010 Primary Election in the State of Ohio proceeded as normal with all 

jurisdictions utilizing ES&S' EAC certified voting system tabulating and reporting their results in 

accordance with each jurisdiction's rules and regulations. 

As this is ES&S' first report submittal to the EAC, we hope this report is satisfactory and contains 

all of the information requested by the EAC as set forth in the Manual. Please let us know if you require 

a different submittal format than provided herein or if you require any additional information in any 

subsequent notifications we may provide. 

Please contact me directly if you have additional questions or need any additional information 

with respect to this matter. 

Attachment 

cc: John Groh, ES&S 

Kathy Rogers, ES&S 

Steve Pearson, ES&S 

Eric Anderson, ES&S 

Sincerely, 

7-= 

Timothy J. 

d/~ Hallett 

Compliance Manager & 

Associate General Counsel 
Election Systems & Software, Inc. 

Election Assistance Commission Reporting Requirement 

For the May 4, 2010 Primary Election 

EAC Certified System Date of Issue Location 

E55Unity3200 May4,2010 Cuyahoga County, Ohio 

E55Unity3200 May4,2010 Cuyahoga County, Ohio 

E55Unity3200 May4,2010 Cuyahoga County, Ohio 

Attachment 1 

Issue Reported Impact on Election Resolution 

05200 Froze and would not operate None The D5200 was rebooted and operated normally 

D5200 Froze and would not operate None The D5200 was rebooted and operated normally 

05200 Froze and would not operate None The D5200 was replaced with a backup unit and operated normally