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Public commenters urge Collin County to delay ES&S maintenance contract pending federal and state election standards

3626289 · June 2, 2025
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Summary

Multiple public commenters urged the commissioners court to delay or add escape clauses to an ES&S voting-equipment maintenance contract, citing Executive Order 14248, EAC/VVSG-2 certification timelines, and the potential for legislative changes to election law.

Several public commenters asked Collin County commissioners to delay or add protective language to a proposed maintenance contract with ES&S for ballot-marking devices, saying new federal and state guidance could change equipment requirements.

Lee Moore, a public commenter, asked the court to delay approving the ES&S maintenance contract until state and federal election-law work is finalized. “Signing a contract before these matters are resolved risks committing taxpayer dollars to services that may become unnecessary or require costly modifications,” Moore said, and urged adding contract amendments allowing refunds or adjustments if legislative or federal action affects the scope of required maintenance.

Moore and others referenced President Trump’s Executive Order 14248 and the Election Assistance Commission’s (EAC) Voluntary Voting System Guidelines version 2 (VVSG 2), saying equipment not certified under VVSG 2 could face compliance issues if federal requirements change. Moore read answers he had received from the EAC indicating that, as of the dates he cited, ES&S had not submitted a system for VVSG 2 testing.

Another commenter, identified as Reynolds, supported the executive order and called for increased use of hand-marked paper ballots. “Translations in elections should be considered diametrically opposed to transparency,” Reynolds said, arguing that hand-marked ballots increase transparency and reduce vulnerability from machine-produced ballot translations.

Why it matters: Commenters warned that a contract executed before federal or state standards are finalized could obligate the county to maintain equipment that later must be retired or replaced. Speakers recommended adding escape clauses that would allow the county to recover funds or adjust the agreement if new standards or statutes change equipment requirements.

County staff and commissioners did not adopt or vote on the ES&S contract at the meeting; public comments were heard and recorded. Commissioners were told in public comment that the county had invested roughly $13.5 million in ballot-marking devices to date and that a portion of November 2024 voting infrastructure used hand-marked ballots. Commenters asked the county to coordinate with the secretary of state and EAC before finalizing large maintenance contracts.

Ending: Commissioners heard the concerns but did not take immediate action on the contract during the meeting; several public commenters urged the court to build escape clauses into future equipment contracts and to wait for final determinations from federal and state authorities before committing large maintenance expenditures.