In March 2009 a California judge approved a settlement agreement between the California Secretary of State and the electronic voting system vendor sold to and used by five California counties in 2006 -- sold without the authorization of the states' top elections official and in violation of the state election code.
Page 8 of the second amended complaint reveals a troubling account detailing how Elections Systems & Software, Inc. did not have federal certification at the time over 972 AutoMark A200 voting machines were sold and delivered to California election officials for use in their 2006 elections. Also concerning was the machines bore a sticker that indicated the model had been certified by federal inspectors.
It wasn't until July 2007 that ES&S informed the California SOS it had sold 972 units to these five California counties.
ES&S agreed to pay $3,250,000 to the state attorney general on behalf of the California secretary of state in accordance with the agreed upon payment schedule.
Read the two documents below for the details.
California ESS Amended Comp... by Yvonne Larsen
California ESS Suit Stipulated Order by Yvonne Larsen on Scribd