Premier pre-empted a legal threat over similar problems in Cuyahoga County by suing the state for a declaratory judgment that it fulfilled its contract. The Ohio Secretary of State, and Butler and Cuyahoga counties sued back.
Butler County and the Secretary of State are the only remaining parties in the lawsuit after Cuyahoga County settled with Premier in March for $7.5 million and eight years of free software and maintenance on the system.
Butler County is seeking about $5 million in damages — roughly what the county paid for the machines, said Assistant County Prosecutor Roger Gates, who said he could not discuss any settlement offers the company has made.
Board of Elections President Tom Ellis said he could not discuss the ongoing mediation with Premier, or what settlement discussions are under way.
The Secretary of State’s Office also is in settlement discussions, according to agency spokeswoman Luisa Barone, who said she couldn’t disclose the details.
Butler County has contracted with attorney Daniel McMullen, with the Cleveland-based firm Calfee, Halter & Griswold, to assist in the case. McMullen was the lead attorney for Cuyahoga County. Gates would not disclose McMullen’s rates, citing attorney-client privilege.
Gates, McMullen and county Prosecutor Robin Piper met with the elections board this week in a two-hour executive session to discuss the next step.
“What we’re going to do is still up for discussion,” Gates said.
The problem in this year’s primary — when the agency’s website crashed repeatedly in what elections officials initially called an “attack” — was unrelated to the voting machines, officials said.
An investigation by the sheriff’s office is ongoing to determine whether someone intentionally crashed the site.
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