Case 1:17-cv-02989-AT Document 579 Filed 08/15/19 Page 8 of 153
On April 2, 2019, the Governor of Georgia approved newly enacted state
election legislation.8 The legislation replaces the statewide mandated use of
DREs with mandated electronic ballot-marking devices (“BMDs”) and optical
scanners that count votes recorded on the paper ballots produced via printers
attached to the BMDs.9 The legislation also revises various voting procedures
and provides somewhat vague requirements for expanded auditing of the
balloting system and results, using the ballot printout as a key element in the
audit process.
The Secretary of State’s Office formally released a request for bid proposals
on March 15, 2019, two days after the Georgia Senate approved the legislation.
The State represented to the Court that the contract was expected to be awarded
by mid-July 2019. Mid-July came and went with no announcement from the
State regarding the selection of its voting machine vendor and system. On July
25 and 26, 2019, the Court held a lengthy hearing on Plaintiffs’ renewed
injunction motions. The hearing concluded after 8:00 p.m. on Friday evening.
First thing Monday morning July 29th, the State awarded the low bidder,
Dominion Voting Systems, Inc., the contract for a sum of $106,842,590.80. The
Secretary of State’s contract with Dominion calls for the full implementation of
this new voting system in time for Georgia’s March 2020 Presidential Preference
Georgia Act No. 24, Georgia House Bill 316, amending Chapter 2 of Title 21 of the Official
Code of Georgia Annotated.
9 See O.C.G.A. §21-2-300. The state additionally authorized up to $150 million for the contract
with a private vendor, to be selected, for purchase of election equipment, software, and services
in connection with the new voting equipment and electronic pollbook equipment and
supporting software for the electronic voter check-in and verification system at the polls.
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