To: Board of Supervisors
From: Kristin Connelly, Clerk-Recorder
Report Title: Liberty Vote, USA Inc Contract Amendment
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Clerk-Recorder, or designee, to execute a contract amendment effective January 1, 2026, with Liberty Vote USA Inc. (f/k/a Dominion Voting Systems, Inc.), to extend the term through December 31, 2032 and increase the payment limit by $3,750,000 to a new payment limit of $14,000,000 to provide electronic voting system equipment and services.
FISCAL IMPACT:
$3,750,000. 100% County General Fund, within the department’s operating budget.
BACKGROUND:
The Clerk-Recorder has been under contract with Dominion Voting Systems, Inc., since March of 2018 for procurement, warranty, licensing, and service of the County’s Voting System equipment. In October 2018, the Department amended its agreement with Dominion Voting Systems, Inc., to replace its 12-year-old vote-counting system with a modern tabulation system and equipment utilizing up-to-date technology. In February 2020, the Department again amended the agreement for the purchase of two high-speed ballot scanners for additional ballot counting and business continuity. In January 2022, the Department amended the agreement to include additional voting system enhancements and related services, including a remote-accessible vote-by-mail system designed for use by both military and overseas voters, as well as voters with disabilities. In June 2023, the Department amended the agreement to include overages due to additional services and equipment costs. In January 2024, the agreement was again amended with the intent to carry the Department through December 31, 2026, including the 2024 Primary and General Elections, 2026 Primary and General Elections, and any Special Elections called in 2024, 2025, and 2026.
In October 2025, Dominion Voting Systems, Inc., changed its name to Liberty Vote USA Inc. All voting systems and components certified by the California Secretary of State remain valid under the new ownership, and no changes are being made to the software, firmware, or hardware of the system. County support, maintenance, warranties, and software updates will continue under the same processes as under the previous ownership.
The existing agreement is set to end on December 31, 2026. This amendment will carry the Department through December 31, 2032. It will ensure uninterrupted procurement, warranty, licensing, and service of the County’s Voting System during the 2026 Primary and General Elections, 2028 Primary and General Elections, 2030 Primary and General Elections, 2032 Primary and General Elections, and any Special Elections called in 2026, 2027, 2028, 2029, 2030, 2031, or 2032. This agreement will also provide the Department the ability to purchase additional equipment for the purpose of disaster recovery backup as well as upgrade existing voting system equipment.
The agreement provides that Liberty’s liability under the agreement shall not exceed the total value of the agreement, provided that the limitation of liability does not apply to Liberty’s obligations to indemnify the County under the agreement.
CONSEQUENCE OF NEGATIVE ACTION:
The Clerk-Recorder would be unable to conduct County Elections and potentially expose the County to legal action for the Department being out of compliance with the statutory requirement of continuously operating a certified voting system.