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Curling v. Raffensperger is a case that could have important ramifications for Georgia elections. The Plaintiffs sued Georgia Secretary of State Brad Raffensperger. They claim that Georgia’s use of Dominion voting machines is unconstitutional.
A Long Case History.
The case has a long history. In 2018, Georgia used an electronic voting system called the Director Recording Election (DRE) voting system. Diebold Election Systems, Inc., a subsidiary of Diebold, produced the DRE system. In 2018, a federal court effectively banned continued use of the DRE system in Georgia.
In 2019, Georgia’s Secretary of State entered into a contract with Dominion Voting Systems Corporation, often called “Dominion,” for the purchase of an election system to replace the DRE system. The plaintiffs in the Curling case are challenging the constitutionality of the Dominion system.
Developments in the Curling case.
As of the writing of this article, the Curling case is awaiting a ruling in a federal court. The case is pending before Judge Amy Totenberg, a Senior Judge for the United States District Court for the Northern District of Georgia.
Secretary Raffensperger sought to have the plaintiff’s case dismissed. Judge Totenberg denied the Secretary of State’s motion to dismiss.
On November 10, 2023, Judge Totenberg issued a 135-page order in the case. Judge Totenberg’s order allowed the case to go to trial. In the order, Judge Totenberg wrote that as a judge she did not have the legal authority to command the Georgia General Assembly as to how it should implement a voting system. But, Judge Totenberg stated that she had the authority to declare a voting system unconstitutional.
In a footnote in her order, Judge Totenberg wrote:
“The Court notes that the record evidence does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation’s leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs’ case in the long course of this litigation.”
Dr. Alex Halderman, a computer expert for the plaintiffs, testified that malware could theoretically be inserted into the Dominion system.
Judge Totenberg’s November 2023 order set the stage to allow the Curling case to go to trial.
Trial in January of 2024.
In January of 2024, a trial was held in the Curling case. Judge Totenberg presided. There was no jury; it was a bench trial.
A year later, the election integrity activists are waiting for a decision. In an e-mail, Garland Favorito of VoterGA wrote, “our VoterGA co-founder Ricardo Davis has put ample evidence of vote count failures on the record so the federal court can declare Georgia’s voting system constitutionally deficient.” Favorito said he expects a decision soon.
Lori Tullos, an independent election integrity researcher, said, “Totenberg needs to issue a final decision; we’re waiting.”
We're all waiting... because we all know there was rampant fraud, not only with the machines, but in many other parts of the election process. People need to be held accountable for the fraud(s) they've committed against the people of America. No excuses.