Guest Blogged By Michael Richardson
BOSTON - Diebold Election Systems, Inc., the controversial voting machine supplier, won't be supplying Massachusetts with its machines in 2008 and the company is not happy about it. So they are suing the state over the lost contract bid. But the solemn tone of Diebold's lawyer, William Weisberg, speaking in a hushed voice almost swallowed up by the stately, high-ceilinged courtroom of the Massachusetts Supreme Judicial Court this week, drew laughter from the jovial judge with a Cheshire cat grin and raised chuckles from the courtroom audience.
In a real upside-down, topsy-turvy presentation, Diebold was arguing on behalf of the state's taxpayers and kept talking about the "public interest" --- all while pitching to get its lucrative contract approved. In February, after a year-and-a half selection process, Secretary of State William Galvin picked rival company ES&S to supply the state with AutoMARK, accessible electronic voting equipment, as mandated by the Help America Vote Act.
He also said that disabled voters who tested all the machines preferred the AutoMARK machines.
The hearing in the recently filed lawsuit was over Diebold's three emergency motions for a temporary injunction to stop delivery of the ES&S equipment, an expedited discovery order, and a confidentiality order. The judge later ruled, after the hearing, against all three motions although he allowed the lawsuit to proceed on a regular schedule.
While laughing, the judge wondered aloud about admissions made by Weisberg in the news paper that seemed to wholly contradict his failed court room strategy...