After unsuccessful efforts to sell the election systems subsidiary, Diebold Election System’s name was changed to Premier Election Solutions in 2007, and Premier was made somewhat independent of Diebold. On September 3, 2009 Diebold announced that the company had sold its election system business to ES&S for only $5 million. There was an immediate outcry, because the sale would have given ES&S control over more than 75% of the voting machine market. Sen. Charles Schumer (D) urged the Justice Department to probe the sale, warning that \Competition is needed to reduce chances of widespread election fraud.” About a week after the announced sale, Hart Intercivic led a lawsuit against Diebold and ES&S, claiming that the sale posed an “imminent threat of irreparable harm to other vendors like Hart.” On March 8, 2010 the Department of Justice announced that it was requiring ES&S “to divest voting equipment systems assets it purchased in September 2009 from Premier Election Solutions Inc. in order to restore competition.” Dominion Voting Systems, which purchased the assets that ES&S was forced to sell, subsequently purchased Sequoia Voting Systems.
Many software products provided by Diebold come with certain third party software (“TPS”) which is licensed under the terms required by the owners of the TPS. These TPS license terms (EULAs) are provided on the links to the appropriate software products. The EULA for the TPS provided with the Diebold product has a version date in the corner of page 1. For later purchases of the same product, review the date on the EULA, and if it is the same, the EULA has not changed. If the date is different, there are different or additional terms in the EULA. (To find an earlier version of the EULA, click on the Legacy Software Database link.