INDIANAPOLIS -- A top executive of election vendor Election Systems and Software apologized Wednesday for all the problems Indiana is having in trying to stage the May 2 primary election.

John Groh, ES&S vice president, promised the company would do better. The apology came at a hearing called by Secretary of State Todd Rokita to try to determine if the company broke the law by providing faulty equipment, something that could result in millions of dollars in fines, 6News' Norman Cox reported.

Several county clerks testified that ES&S provided poor service and that its software and ballots are habitually late. Clerks also said much of the equipment provided by the company is not usable.

Groh admitted his company's performance has been disappointing, and promised to commit additional resources to fix any problems.

"The delays have stemmed from a number of factors, including human error on our part and the part of our staff, and in some situations delayed receipt of necessary ballot information from counties. We have not performed at the level we expect," Groh said.

Johnson County clerk Jill Jackson said taxpayers spent millions of dollars on a system they thought would take them into the future, only to encounter so many problems that many clerks want to go back to simple paper ballots.