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Is Georgia's election system constitutional? A federal judge will decide in trial set to begin

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Is Georgia's election system constitutional? A federal judge will decide in trial set to begin


In this Tuesday, Nov. 5, 2019 photo, a touchscreen voting machine and printer are seen in a voting booth, in Paulding, Ga. Election integrity activists want a federal judge to order Georgia to stop using its current election system, saying it’s vulnerable to attack and has operational issues that could cost voters their right to cast a vote and have it accurately counted.Mike Stewart/AP

ATLANTA (AP) — Election integrity activists want a federal judge to order Georgia to stop using its current election system, saying it’s vulnerable to attack and has operational issues that could cost voters their right to cast a vote and have it accurately counted.

During a trial set to start Tuesday, activists plan to argue that the Dominion Voting Systems touchscreen voting machines are so flawed they are unconstitutional. Election officials insist the system is secure and reliable and say it is up to the state to decide how it conducts elections.

Georgia has become a pivotal electoral battleground in recent years with national attention focused on its elections. The election system used statewide by nearly all in-person voters includes touchscreen voting machines that print ballots with a human-readable summary of voters’ selections and a QR code that a scanner reads to count the votes.

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The activists say the state should switch to hand-marked paper ballots tallied by scanners and also needs much more robust post-election audits than are currently in place. U.S. District Judge Amy Totenberg, who’s overseeing the long-running case, said in an October order that she cannot order the state to use hand-marked paper ballots. But activists say prohibiting the use of the touchscreen machines would effectively force the use of hand-marked paper ballots because that’s the emergency backup provided for in state law.

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Wild conspiracy theories about Dominion voting machines proliferated in the wake of the 2020 election, spread by allies of former President Donald Trump who said they were used to steal the election from him. The election equipment company has fought back aggressively with litigation, notably reaching a $787 million settlement with Fox News in April.

The trial set to begin Tuesday stems from a lawsuit that long predates those claims. It was originally filed in 2017 by several individual voters and the Coalition for Good Governance, which advocates for election integrity, and targeted the outdated, paperless voting system used at the time.

Totenberg in August 2019 prohibited the state from using the antiquated machines beyond that year. The state had agreed to purchase new voting machines from Dominion a few weeks earlier and scrambled to deploy them ahead of the 2020 election cycle. Before the machines were distributed statewide, the activists amended their lawsuit to take aim at the new system.

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They argue the system has serious security vulnerabilities that could be exploited without detection and that the state has done little to address those problems. Additionally, voters cannot be sure their votes are accurately recorded because they cannot read the QR code, they say. And the voting machines’ large, upright screens make it easy to see a voter’s selections, violating the right to ballot secrecy, they say.

Lawyers for Secretary of State Brad Raffensperger wrote in a recent court filing that he “vigorously disputes” the activists’ claims and “strongly believes” their case is “legally and factually meritless.”

Experts engaged by the activists have said they’ve seen no evidence that any vulnerabilities have been exploited to change the outcome of an election, but they say the concerns need to be addressed immediately to protect future elections.

One of them, University of Michigan computer scientist J. Alex Halderman, examined a machine from Georgia and wrote a lengthy report detailing vulnerabilities that he said bad actors could use to attack the system. The U.S. Cybersecurity and Infrastructure Security Agency, or CISA, in June 2022 released an advisory based on Halderman’s findings that urged jurisdictions that use the machines to quickly mitigate the vulnerabilities.

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During a hearing in May, a lawyer for the state told the judge physical security elements recommended by CISA were “largely in place.” But the secretary of state’s office has said a software update from Dominion is too cumbersome to install before the 2024 elections.

The fact that the voting system software and data was uploaded to a server and shared with an unknown number of people after unauthorized people accessed election equipment in January 2021 makes it even easier to plan an attack on the system, Halderman has said. That breach at the elections office in rural Coffee County was uncovered and exposed by the plaintiffs in the lawsuit.

A sprawling Fulton County racketeering indictment against Trump and 18 others included charges against four people related to Coffee County. Two of them, including Trump-allied lawyer Sidney Powell, have pleaded guilty after reaching deals with prosecutors.

In several rulings during the litigation, Totenberg has made clear that she has concerns about the voting system. But she wrote in October that the activists “carry a heavy burden to establish a constitutional violation” connected to the voting system or its implementation.

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David Cross, a lawyer for some of the individual voters, said the judge has only seen a sliver of their evidence so far. He said he believes she’ll find in their favor, but he doesn’t expect to see any changes before Georgia’s presidential primary in March. He said changes might be possible before the general election in November if Totenberg rules quickly.

“We’re hopeful but we recognize it’s an uphill fight for 2024, just on the timing,” he said, acknowledging the likelihood that the state would appeal any ruling in the activists’ favor.

Marilyn Marks, executive director of the Coalition for Good Governance, was similarly optimistic ahead of trial: “We have the facts and the science and the law on our side, and really the state has no defense.”

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A representative for Raffensperger didn’t respond to multiple requests to interview someone in his office ahead of the trial.

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The activists had planned to call the secretary of state to testify. They wanted to ask why he chose a voting system that uses QR codes that aren’t readable by voters. They also believe his office has failed to investigate or to implement proper safeguards after the Coffee County breach and wanted to ask him about it under oath.

The judge ordered him to appear over the objections of his lawyers. But the 11th U.S. Circuit Court of Appeals on Friday ruled he doesn’t have to testify, citing his status as as top official and saying the plaintiffs didn’t show his testimony was necessary.

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“This trial bears heavily on the public interest, and voters deserve to hear from Secretary Raffensperger in the trial. It’s a travesty that they won’t,” Cross said. “And it’s unfair to our clients who need answers to questions at trial that only he can provide.”



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Trump extends red snapper fishing in 4 states, including GA. How long?

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Trump extends red snapper fishing in 4 states, including GA. How long?


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Georgia was already going to see plenty of anglers this summer, but now they have even more reason to go fishing this season.

On Friday, President Donald Trump announced on Truth Social that his administration approved state permits for the 2026 red snapper season with much larger windows for fishing.

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“For years, our Great Fishermen have been punished with very short federal fishing seasons despite record high fish populations and the states begging to oversee these permits,” Trump wrote. “We love and respect our fishermen and, unlike the Democrats, will only do good for them.”

When is Georgia red snapper season 2026?

Georgia anglers will be able to fish for red snapper from July 1 through Aug. 31. The state’s department of natural resources said via news release that, traditionally, the season has been limited to just a few days due to data uncertainty. But, if Georgia can show proficiency in data collection, the longer season could be extended for two more years.

Red snapper fishing laws

Anglers may keep only one red snapper per day. They must register their trips prior to departure using the Georgia DNR app, which will be released at a later date. They must also report their catch within 24 hours.

Georgia DNR coastal resources director Doug Haymans said “This is a major step forward for Georgia anglers….If anglers want longer, more reliable seasons, we need better data—and that comes directly from them. Reporting through the app is how anglers can help shape the future of red snapper fishing in Georgia.”

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Reactions to expanded red snapper fishing season

Gov. Brian Kemp said on his social media platforms “Thank you to President Trump for putting the power to conserve and manage this key fish population back where it belongs – in the hands of those who know the region best. Looking forward to Red Snapper season opening soon!”

Florida and the Carolinas’ governors have shared similar statements of excitement and praise.

However, when these moves were being considered in February, the US-based advocacy group Ocean Conservancy put out a statement of opposition, writing as a group “Overfishing drove the red snapper population to just 11% of its historical abundance; in response, seasons were reduced as part of a rebuilding plan set to last through 2044. These new exemptions risk undermining the progress made to restore this stock and allow sustainable fishing opportunities.”

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Where are red snapper in Georgia?

According to NOAA, red snapper are generally found 30-620 feet deep in the Gulf of America and along the east coast. They are rare north of the Carolinas.

Larval red snapper swim freely within the water column. Juveniles live in shallow waters over sandy or muddy bottom habitat. Adults live on the bottom, usually near hard structures on continental shelf that have moderate to high relief (rocks, ledges, reefs, etc), sloping soft-bottom areas, and limestone deposits.

What do red snapper eat?

Red snapper eat fish, shrimp, crab, worms, cephalopods (octopus or squid), and some plankton (tiny floating plants and animals).

Best way to cook red snapper

Chef and host of Travel Channel’s “Bizarre Foods” Andrew Zimmern posted a video on TikTok of a recipe idea using red snapper:

How big are red snapper?

Red snapper may grow up to 40 inches long and weighing up to 50 pounds.

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Miguel Legoas is a Deep South Connect Team Reporter for USA Today. Find him on Instagram @miguelegoas and email at mlegoas@gannett.com.



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Could Georgia baseball win the SEC for the first time in almost 20 years?

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Could Georgia baseball win the SEC for the first time in almost 20 years?


This Georgia baseball team excels when it’s threatened, shortstop Kolby Branch says.

It dominated during a brutal conference road stretch in April, then didn’t let up when returning home to Foley Field.

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Mostly sunny today; Rain returns Wednesday night, Thursday

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Mostly sunny today; Rain returns Wednesday night, Thursday


ATLANTA, Ga. (Atlanta News First) — High pressure is keeping North Georgia in a dry pattern through Tuesday, but a cold front approaching from the northwest will bring a chance of showers and thunderstorms back to the region by Wednesday and Thursday.

Your Next Two Days: Enjoy the Sunshine

Today will feature mostly sunny skies with highs climbing into the upper 70s in north Georgia. Light southwest winds will keep conditions comfortable for outdoor activities. Overnight lows will dip into the 50s.

Tuesday will see increasing clouds as the next weather system approaches from the northwest, but the day will remain dry. Highs will reach the upper 70s to middle 80s, with lows Tuesday night in the upper 50s to low 60s.

Forecast highs today(Atlanta News First)

Midweek Changes: Showers and Storms Return

The pattern shifts dramatically Wednesday and Thursday as a cold front moves through the region. Models show good agreement that instability will build during the day Wednesday, with temperatures climbing into the low to mid 80s and dewpoints rising into the low 60s.

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Shower and thunderstorm chances will increase Wednesday and Thursday, with rain and storms in northwest Georgia by 8 p.m. Wednesday evening.

The rain will overspread all of north Georgia after midnight and continue through your entire Thursday morning commute.

Thursday is a First Alert Weather Day for rain and storms in the morning.

The rain is expected to move out around lunch on Thursday.

Forecast map for 7 a.m. Thursday
Forecast map for 7 a.m. Thursday(Atlanta News First)

The Weekend Outlook

Cooler air will follow the frontal passage on Thursday, with highs dropping into the 70s Friday and Saturday. Overnight lows will dip into the 40s and low 50s.

Our next best chance of rain after Thursday will be on Mother’s Day.

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