Case 1:17-cv-02989-AT Document 579 Filed 08/15/19 Page 18 of 153 ES&S15) builds the electronic ballots for use on DREs using the GEMS software, database, and server. However, the State Defendants have represented that a municipality may “work with a third-party vendor to build its own ballot.” (Doc. 537 at 2.) The Court directed the State Defendants to identify these municipalities, but they failed to do so. (See id.) By allowing a municipality to contract with a third-party vendor to program and build ballots, the Secretary of State appears to run afoul of its statutory obligations under Georgia’s election code (but in any event has implicitly approved the arrangements made by such municipalities for the 2019 elections). In response to an inquiry from the Court in April of 2019 regarding the scope of the anticipated 2019 elections, the State Defendants contended that they “anticipate[d] that municipal officials will seek to be heard by the Court on any potential injunctive relief for 2019 and should be heard because of their interest in this case.” (Doc. 362 at 10.) No municipalities have moved to intervene for this limited purpose. The State Defendants presented with their response brief a handful of declarations from county election officials regarding the feasibility of implementing a change to paper ballots in advance of the Fall 2019 elections. State Defendants presented no evidence from any of the municipalities that Elections Systems & Software (“ES&S”) is Georgia’s elections equipment vendor for the current DRE/GEMS system. 15 18