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ES&S and Premier Divestiture: U.S.A., et al. v. ES&S

Posted in
High Priority
March 10, 2010
Wisconsin County Clerks
Wisconsin Municipal Clerks
City of Milwaukee Election Commission
Milwaukee County Election Commission
Nathaniel E. Robinsion, Elections Division Administrator
ESS memo 3.10.2010.pdf37.29 KB

In September 2009, Election Systems and Software, Inc. announced the acquisition of Premier Election Solutions, Inc. 

The U.S. Department of Justice has filed suit to require ES&S to divest Premier assets because it would otherwise have a 70 percent market share of voting systems used in the United States. In addition, the suit seeks a requirement for ES&S to grant a broad license for use and further development of the AutoMARK to any Premier assets purchaser. 

Apparently, ES&S and the US-DOJ have reached a consent decree. It appears imminent that ES&S will divest all Premier assets to a completely separate company. While the terms of the proposed Final Judgment includes language to promote a smooth transition, it is possible that some disruption in service may occur.G.A.B. staff will continue to monitor the situation and keep clerks informed.

A memorandum providing more detail is attached.