State: Lobbyist made money from touch screen sales

MIAMI -- A former Florida secretary of state profited by being a lobbyist for both the state's counties and the company that sold some of them touch screen voting machines used in last month's botched primary election.

Sandra Mortham, who served as the state's top elections official from 1995 to 1999, is a lobbyist for both Election Systems & Software and the Florida Association of Counties, which exclusively endorsed the company's touch screen machines in return for a commission.

Mortham received a commission from ES&S for every county that bought its touch screen machines. The exact terms have not been disclosed.

The deals came after the state last year ordered its counties to dump their punch card voting systems, which had marred the 2000 presidential election with hanging chads and butterfly ballots.

Twelve of Florida's 67 counties bought ES&S machines, including Miami-Dade and Broward counties, which had severe problems during the Sept. 10 primary election. While elections officials said lack of poll worker training caused most problems, some blamed the machines.

Mortham and the association's former president insist there was nothing improper about the deals. Broward County Commissioner Ben Graber disagreed.

Graber said Mortham's involvement with both sides "sounds like a conflict of interest," adding that the endorsement, which he learned of after the Sept. 10 primary, seemed "inappropriate."

Mortham would not discuss the commission she received from ES&S for the sales, but said her actions were proper and she wasn't involved with the endorsement.

"All I did was present the company to the association," she said.

Karen Marcus, the county association's president when the deal was made, said ES&S was the only election-equipment company that sought the group's endorsement. It agreed to pay the association 0.5 percent of its touch screen revenues up to $50-million and 0.25 percent on revenues exceeding $50-million.

After the association's June 2001 endorsement, ES&S received orders totaling more than $70.6-million from Florida counties. That includes Miami-Dade County's $24.5-million purchase and Broward County's $18-million contract. The association will receive about $300,000 in commissions, according to the agreement.

Marcus, a Palm Beach County commissioner, said the association put no pressure on the counties to buy ES&S equipment.

"The county association didn't go out and lobby for ES&S," she said. Her county bought its touch screen equipment from Sequoia Voting Systems, a main competitor of ES&S.

Marcus said Mortham played no part in the decision to endorse ES&S and that Mortham only works for the association on a contractual basis on specific issues.

ES&S Executive Vice President Michael Limas said the company knew Mortham also lobbied for the counties when it hired her, but he doesn't believe that represents a conflict. Omaha, Neb.-based ES&S is a privately owned company that has The Omaha World-Herald Co. as a minority partner.

"When faced with engaging the assistance of lobbyists anywhere ... we look for someone who would do that in a fair way," Limas said. "We did not feel that her representation (for the association) was a conflict for us. ... We didn't feel like it did anything improper."

Limas said to his knowledge, ES&S has no other statewide endorsement deals. But, he said, seeking endorsements elsewhere was impractical because no other state required its counties to replace their punch card voting equipment.

In Broward, Graber and elections supervisor Miriam Oliphant were opposed to buying the ES&S machines last November.

Graber said he was concerned that poll workers would have trouble learning how to use the machines. A report by a county administrator released last week found ES&S fulfilled its contractual obligations, saying Oliphant was responsible for training poll workers.

Graber said he knew that Mortham lobbied for ES&S, but was unaware she also represented the county association.

The elections supervisor in Pasco County, which had few problems with ES&S touch screen machines in the primary, said he did not know Mortham lobbied for the association, but did not approve of the endorsement deal.

"I thought it was a bad move to have any arrangement to give the Florida Association of Counties money," Kurt Browning said. "They haven't done squat when it comes to the acquisition of systems."

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Lucy Morgan

From the Times state desk