After weeks of debate, Butler County commissioners approved a contract last week to buy 490 electronic voting machines.

The decision comes despite pending legal action aimed at sidetracking a plan linking touch-screen voting with federal aid due to concerns over accuracy of punch card ballots.

Elections Bureau Director Regis Young advised commissioners to approve the contract because the county would almost certainly lose a nearly $1 million grant if a new system isn't in place by the May primary.

In fact, he suggested that if the county did not buy its own system, the U.S. Attorney General's Office would purchase a new system for Butler, bill the county for it, and take the federal grant away to boot.

The contract with Election System & Software of Omaha, Neb., known as ES&S, will be finalized after noneconomic issues are settled, said Solicitor Julie Graham.

The vote to approve the contract was 2-0, contingent on Ms. Graham's review and contract language that sets a firm date for delivery of the touch-screen machines. Voting in favor of the contract were Commissioners Scott Lowe and James Kennedy. Commissioner Glenn Anderson was absent due to illness.

Asked if the contract would have any provisions in the event pending litigation changes the county's position, Ms. Graham said only that she would "do her best to protect the county's interests."

A lawsuit from Westmoreland County is before the state Supreme Court on the issue of whether a referendum is needed before the county switches its voting system. Butler County also is party to a lawsuit in Commonwealth Court that, among its challenges, questions whether two previous referendums on the issue were worded adequately.

The state Supreme Court heard arguments on the Westmoreland case Wednesday. Briefs have been filed with Commonwealth Court in the Butler County case but no hearing date had been set as of press time.

In the Westmoreland case, Commonwealth Court had ruled that the county would have to hold a referendum before switching from its mechanical lever balloting system to an electronic one.

The electronic voting issue was spurred by the federal Help America Vote Act in response to the ballot problems of the 2000 presidential election in Florida. Punch-card voting systems like the one used in Butler County are to be eliminated under the act.

Citizens groups are opposed to electronic voting because there currently are no provisions in state or federal law for paper trails of the balloting process. Concerns also have been raised about the quality of the machines.

Allegheny County's Board of Elections voted Feb. 27 to purchase 2,800 electronic voting machines at a cost of $11.8 million from a California company. The purchase will be covered by the county's federal grant.