This exorbitant cost for “unreasonable, arbitrary, and capricious” vendor programming and support prevented Winney, Groubert and Watkins from participating in the recount. The Secretary of State and Clerk and Recorder would not accept partial payments from those candidates, even though the money was to be put into escrow and only used as expenditures were realized.

We also learned from the filing that the “so-called vendor is unidentified” despite “relying on this vendor to substantially participate in the recounts.”

It is unknown what “programming” has been or will be done and why. It is also unclear when the 40 hours of “programming” occurred or will occur. If it already occurred, no one observed this process being done. Any programming prior to the recount, especially by an unknown vendor with no observation, would not be considered running the recount in the same manner as the election as required by statute.