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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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Joe Beasley, Georgia civil rights leader, dead at 88:

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Joe Beasley, Georgia civil rights leader, dead at 88:


Joseph Beasley, a longtime Georgia human rights activist, has died, just a few weeks before what would have been his 89th birthday. 

Born to sharecroppers in Fayette County, Georgia, Beasley said in interviews that a history lesson opened his eyes to the power of activism.  

“When I was able to attend school in a segregated, one-room school house, I learned about the Haitian Revolution that began with the rebellion of African slaves in 1791 and ended when the French were defeated at the Battle of Vertieres in 1803,” Beasley wrote in African Leadership Magazine in 2015. “The battle effectively ended slavery there and got me energized. I remember thinking as I read about it that it was possible to have a different life.”

A veteran of the U.S. Air Force who attended graduate school at Clark Atlanta University, Beasley first joined the Jesse Jackson-founded Operation PUSH in 1976, according to nonprofit The History Makers. In 1979, he moved back to his home state of Georgia to work as the executive director of the organization’s Atlanta chapter. He continued with the organization for decades, eventually being named Southern Regional Director. At the same time, he began serving as the human service director at Atlanta’s Antioch Baptich Church North.

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Joe Beasley, southern regional director of Rainbow PUSH, testifies against the Voter ID bill at the House Committee on Governmental Affairs meeting in Atlanta on Jan. 9, 2006.

RIC FELD / AP


Beasley’s work took him across Georgia and around the world. He traveled to South Africa to register voters ahead of Nelson Mandela’s historic electoral victory in 1994 and went to Haiti to monitor the nation’s second democratic election the next year, The History Makers said.

“Joe Beasley’s legacy runs deep — from growing up on a Georgia plantation to serving 21 years in the Air Force, to becoming a powerful voice for justice through Rainbow PUSH,” Attorney Gerald Griggs wrote. “He spent his life fighting for civil rights at home and abroad. A true global servant for our people.”

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Beasley also founded and led African Ascension, an organization with the goal of linking Africans on the continent with those in the diaspora.

“He devoted his life to uplifting our people, confronting injustice, and standing steadfast on the front lines of the struggle for human and civil rights not only in Georgia, but across the globe,” the Georgia NAACP wrote on Facebook. “His voice was bold, his spirit unbreakable, and his impact immeasurable.”

Beasley’s funeral arrangements have not yet been announced.



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Georgia lawmakers push bipartisan plan to make social media, AI safer for children

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Georgia lawmakers push bipartisan plan to make social media, AI safer for children


Georgia lawmakers say they are drafting legislation to make social media safer for children after a Senate committee spent months hearing from community members and experts. The proposals are expected to be taken up during the upcoming legislative session.

What we know:

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Georgia lawmakers are joining states nationwide in pressing for tougher laws to hold social media companies accountable for children’s safety on their platforms and when those users interact with artificial intelligence.

The Senate Impact of Social Media and Artificial Intelligence on Children and Platform Privacy Protection Study Committee spent months hearing from parents and experts about how to make the internet safer for kids.

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What they’re saying:

Democratic state Sen. Sally Harrell, who co-chairs the committee, said it adopted its final report Wednesday.

She said lawmakers are working on bipartisan bills to address growing concerns about how social media, gaming, AI and other online platforms are affecting Georgia children. The proposals include legislation to prevent companies from using addictive design features in social media and games, as well as requirements for developers to test chatbots to ensure they are safe for children to interact with.

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“Congress should be acting,” Harrell said. “This should be a congressional issue. It should be dealt with nationally. But Congress isn’t doing anything. They haven’t done anything to help our kids be safe online for almost 30 years. And so the states really feel like we have to take leadership on this.”

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Lawmakers stressed that this is a bipartisan effort and encouraged the public to work with them, noting they are already receiving pushback from some of the companies that own and operate major social media platforms.

The Source: The details in this article come from the meeting of the Senate Impact of Social Media and Artificial Intelligence on Children and Platform Privacy Protection Study Committee. Democratic state Sen. Sally Harrell spoke with FOX 5’s Deidra Dukes.

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Georgia Hollows Out Right to Peaceful Assembly

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Georgia Hollows Out Right to Peaceful Assembly


Georgia’s ruling party has introduced new legislation that would dramatically weaken protections for peaceful assembly, further shrinking democratic space and flouting basic human rights standards guaranteed by the country’s constitution and international law.

The bill, tabled on December 8, is being reviewed under an expedited procedure without a substantiated justification for bypassing the ordinary legislative timeline.

The bill’s provisions would significantly broaden the requirement that protest organizers submit written notification before holding an assembly. Current law requires prior notification five days before the protest only when it would block a road used by automobile traffic. The new bill would extend this requirement to any roadway intended for vehicles or pedestrians. In practice, the obligation would arise for almost all assemblies held on city streets, near administrative buildings, or around political institutions, severely limiting the ability to organize protests.

The draft law would also grant the police wide discretion to impose binding instructions on the time, location, or route of assemblies. These instructions could be justified on broad grounds including “protecting public order,” ensuring the normal functioning of institutions, preventing obstruction of pedestrian or vehicle movement, or allegedly protecting human rights. The vague phrasing of these provisions increases the risk of authorities’ arbitrary interference and unjustified restrictions on peaceful gatherings.

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The bill also introduces harsh new penalties for administrative offenses related to assemblies. Failure to submit advance notification—currently punishable by a 2,000-Georgian lari (about US$742) fine—would carry up to 20 days of administrative detention. Failure to comply with a police order to relocate or terminate an assembly would be punishable by up to 15 days of detention for protest participants or up to 20 days for organizers. Repeated violations would constitute a felony, punishable by up to one year in prison for participants and up to four years for organizers.

The bill’s introduction comes at a time of intensifying efforts by Georgia’s authorities to curb pro-democracy protests. By expanding prior-notification requirements, increasing police discretion, and imposing severe penalties, the new legal provisions would effectively hollow out the right to peaceful assembly.

The Georgian government should withdraw the bill and ensure all regulation of public assemblies fully complies with democratic standards and Georgia’s human rights obligations.



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