Federal District Court Allows Suit Against Georgia’s Use of Unsecure DRE Machines without Paper Trail

The Court recognized that the Georgia Legislature Passed Act No. 24/House Bill 316, Signed by the Governor on April 2nd, 2019, and Approved Funds for a New System of Voting Technology slated to go into effect in 2020.

As the State has yet to choose which Specific Vendor’s Proposal will be Selected and Implemented, how these Issues will play out in the context of New Voting Technology remains an Open Question.

Nonetheless, a Number of Elections are Anticipated to take place using the Current Paperless Direct-Recording Electronic (DRE) Voting Machine system in 2019.

CLICK HERE to read the 61 page (pdf) Case 1:17-cv-02989-AT Opinion and Order.

In Curling Complaint, Doc. 70 ¶ 47, Plaintiffs have alleged that Defendants were Aware of Serious Security Breaches in the Current DRE system and Failed to take Adequate Steps to Address those Breaches.

Plaintiffs allege that Defendants have Failed to take Action to Remedy the DRE system’s Vulnerabilities. (Id. ¶¶ 46, 61, 62, 72.) And they Allege that this Failure, in turn, Impacts the Integrity of the Voting System and their Ability as Citizens to rely upon it when Casting Votes in this system. (Id.)

At the Motion to Dismiss stage, Plaintiffs’ Allegations that Defendants’ continued use of Unsecure DREs Infringe the Plaintiffs’ Fundamental Right to Vote are Sufficient to state a Plausible Due Process Violation.

Duncan, 657 F.2d at 702-3 - “the federal courts have not hesitated to interfere when state actions have jeopardized the integrity of the electoral process” and when “confronted with an officially-sponsored election procedure which, in its basic aspect, was flawed”.

Here, Plaintiffs have Adequately alleged that their Fourteenth Amendment Rights to Due Process and Equal Protection have been Burdened, i.e., that the State’s continued Reliance on the use of DRE Machines in Public Elections likely results in “a debasement or dilution of the weight of [Plaintiffs’] vote[s],” even if such conduct does Not completely Deny Plaintiffs the right to Vote.

Bush v. Gore, 531 U.S. 98, 105 (2000) (quoting Reynolds, 377 U.S. at 555).

Accordingly, the Court DENIES Defendants’ Motions to Dismiss Plaintiffs’ Due Process and Equal Protection Claims.










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