The state's chief elections officer hopes to use new voting machines in this year's primary and general elections despite a challenge to the state's contract for the machines.

The state Office of Elections awarded a $43.4 million contract to Texas-based Hart InterCivic for eScan and eSlate voting machines through the 2016 elections.

Election Systems & Software, a Nebraska-based firm, bid $18.1 million for the contract and challenged Hart's award as unreasonable because of its cost.

The Office of Elections, under orders from a state hearing officer, prepared a cost and price analysis on the Hart contract and determined that Hart's proposal is better suited for Hawai'i than ES&S's pitch. The elections office found, among other things, that the Hart proposal would meet federal voting guidelines and questioned whether ES&S placed an unreasonably low bid in an attempt to win the contract.

Kevin Cronin, the state's chief elections officer, has filed a request for a procurement exemption so the state can work with Hart on the September primary and November general election while the ES&S challenge is resolved.

A one-year contract with Hart would cost the state about $9 million. The estimate involves $6.6 million budgeted for the elections and a $2.3 million balance that would be waived if the challenge goes in Hart's and the state's favor and the firm gets the long-term contract.

Cronin's request is under review by the state's procurement office.

"We expect to run an election on time," Cronin said.

Hearings on the ES&S challenge have been scheduled for June before a hearing officer with the state Department of Commerce and Consumer Affairs.

Terry Thomason, an attorney representing ES&S, said the firm would review the cost and price analysis before determining how to proceed with the challenge. He said the state has not adequately explained why it went with Hart when the cost was so high compared to the competing bids.

"Obviously, we have some very grave concerns," Thomason said.

Hart would provide eScan paper ballot and eSlate electronic machines with verifiable paper ballots through the 2016 elections, with an option for the 2018 elections. Hart's eSlate machines have been available for disabled voters in the 2004 and 2006 elections, while ES&S provided the machines for the majority of voters before its contract with the state expired.