Georgia
Is Georgia's election system constitutional? A federal judge will decide in trial set to begin
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.
Advertisement
Article continues below this ad
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.
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individual voters and the Coalition for Good Governance, which advocates for election integrity, and targeted the outdated, paperless voting system used at the time.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.
Advertisement
Article continues below this ad
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.
Advertisement
Article continues below this ad
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.
Advertisement
Article continues below this ad
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.”
A representative for Raffensperger didn’t respond to multiple requests to interview someone in his office ahead of the trial.
Advertisement
Article continues below this ad
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.
“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.”
The SEC has announced the future Georgia football conference opponents for the 2026 through 2029 seasons.
Georgia will face Florida, South Carolina and Auburn every season. The SEC announced on Friday that the annual opponents will be revisited every four seasons.
Georgia football future SEC opponents, schedule
- 2026: Florida (Atlanta), at South Carolina, Auburn, at Alabama, at Ole Miss, at Arkansas, Oklahoma, Missouri, Vanderbilt
- 2027: Florida (Tampa), South Carolina, at Auburn, at Kentucky, at Texas, at Texas A&M, LSU, Mississippi State, Tennessee
- 2028: Florida (Jacksonville), at South Carolina, Auburn, Alabama, Ole Miss, Arkansas, at Oklahoma, at Missouri, at Vanderbilt
- 2029: Florida (Jacksonville), South Carolina, at Auburn, Kentucky, Texas, Texas A&M, at LSU, at Mississippi State, at Tennessee
“it’s hard. I mean, it’s brutal. And everybody’s the same,” Georgia coach Kirby Smart said on Tuesday night. “I mean, we all gotta play each other. It’s really tough, highly ranked teams, physical teams. It’s just going to continue to be a grind. I mean, looking forward with the nines coming, it’s going to be scary because you just don’t have enough. Nobody has enough depth.”
Dates for the 2026 schedule will be announced in December, according to the conference. The schedules will be flipped in 2028 and 2029 from the home-road splits in 2026 and 2027.
In its scheduling outline, the SEC made it clear it wants competitively balanced schedules, which will be determined using the entire schedule and not just the annual opponents. Tennessee reportedly will face Alabama, Vanderbilt and Kentucky in each of the next four years. The latter two are not exactly football powerhouses.
According to the SEC, the highest opponent average winning percentage for any school in the 2026-29 schedules is 55.67% while the lowest is 46.65%, a difference of only 9.02%. From 2020 through 2023 — when the league still used the divisional format — the highest winning percentage was 61.32% and the lowest was 39.76%.
In addition to nine conference games, the SEC stipulates that schools face one Power Four in its nonconference scheduling.
Georgia’s game against Georgia Tech satisfies that requirement. Georgia has future nonconference games against Louisville, Florida State, Clemson and Ohio State on its schedule for the time being.
As it stands, Georgia has 13 games scheduled for the 2025 season. The Bulldogs have nonconfernce games against Tennessee State, Western Kentucky, Louisville and Georgia Tech.
“We’re working through that right now, and a lot of that’s going to be determined as we learn when and where our schedule is going to be in the next few weeks,” Georgia athletic director Josh Brooks said. “But that’s something we’re attacking right now to see what our options are going to be in 2026. So we’re going to take it one year at a time right now. The first focus is going to be on 2026 and then 2027 and moving on. So still a lot of work to be done, and I work closely with Coach Smart and Mark Robinson and the league to kind of figure out what is that going to mean for our schedule moving forward.”
Georgia takes on Alabama this week, with the game scheduled for 7:30 p.m. ET on ABC.
The grounds for his arrest are still unknown, even to his attorneys.
We’re back for another week of college football action and the slate is loaded, including three games between ranked opponents.
Here’s how to watch in Week 3. Scroll down for live scores, highlights and more.
Advertisement
Here are the best games this Saturday:
Clemson at Georgia Tech (+3), Noon ET, ESPN: The Tigers are just 3-point favorites ahead of their first road game. It’s a sign that expectations for Clemson have been way off. With Haynes King back, the Yellow Jackets will want to keep it on the ground.
Georgia at Tennessee (+4), 3:30 p.m., ABC: Has Georgia’s offense been good enough ahead of this pivotal SEC game? Saturday is the day to air it out as Tennessee will be without its top two corners again.
South Florida at Miami (-17.5), 4:30 p.m., The CW: The Bulls are the surprise team so far this season. Can they pull off a third straight upset, or will the ‘Canes handle business?
Advertisement
Florida at LSU (-7), 7:30 p.m., ABC: This game was going to be the day’s marquee matchup before Florida’s loss to USF. A Florida victory would certainly quiet the idea that Billy Napier is on the hot seat.
Texas A&M at Notre Dame (-6.5), 7:30 p.m., NBC: Aggies QB Marcel Reed has thrown for seven TDs so far and A&M’s offense has racked up 953 total yards. The Irish will surely try to get the ball to their star running backs after a subpar opener.
Wyoming19 hours ago
Special Olympics Wyoming seeking volunteers for state fall tournament
Crypto2 days ago
Ripple Highlights Transatlantic Initiative as Blueprint for Global Crypto Regulation
Finance2 days ago
Dividend Stability and Regional Strength: The Case for Truist Financial (TFC)
Fitness4 days ago
Donald Trump Fitness: Can His Golf Workouts Replace the Gym? Explore Trump’s Golf Exercise Routine and Health Benefits
Movie Reviews5 days ago
They Call Him OG Movie Review: Action-packed yet narratively uneven gangster drama
Videos2 years ago
Why Marjorie Taylor Greene was ‘kicked out’ of the Freedom Caucus according to Rep. Buck
Colorado3 years ago
Colorado Rockies game no. 116 thread: Zac Gallen vs José Ureña
Midwest3 years ago
See it: Tesla crashes into Columbus convention center at 70 mph
South3 years ago
Fox News Politics: Georgia the whole day through
South3 years ago
Death of missing Oregon girl found in stream ruled homicide
News6 days ago
Read the Letter to the Inspectors General
Politics6 days ago
GOP senator blasts Schumer, Dems as 'forcing' shutdown while demanding price tag report
World6 days ago
Palestine as a state – what would that actually look like?
News6 days ago
Farage refuses to criticise Trump over paracetamol despite health experts dismissing autism claims
Politics2 weeks ago
House plans Thursday vote on government funding bill to extend spending through November
-
Finance1 week agoReimagining Finance: Derek Kudsee on Coda’s AI-Powered Future
-
World6 days agoSyria’s new president takes center stage at UNGA as concerns linger over terrorist past
-
North Dakota7 days agoBoard approves Brent Sanford as new ‘commissioner’ of North Dakota University System
-
Technology6 days agoThese earbuds include a tiny wired microphone you can hold
-
Culture6 days agoTest Your Memory of These Classic Books for Young Readers
-
Crypto6 days agoTexas brothers charged in cryptocurrency kidnapping, robbery in MN
-
Crypto1 week agoEU Enforcers Arrest 5 Over €100M Cryptocurrency Scam – Law360
-
Rhode Island7 days agoThe Ocean State’s Bond With Robert Redford