Court dismisses vote counting machine lawsuit

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Alabama Secretary of State John Merrill with Mike Lindell from his facebook.

Friday, Montgomery Judge Greg Griffin issued an order dismissing a lawsuit seeking to block the use of vote counting machines in the November 8 general election.

Alabama Attorney General Steve Marshall sought to dismiss the lawsuit against the state. The plaintiffs asked for a preliminary injunction to block the use of the vote counting machine. Judge Griffin allowed both sides to prevent evidence supporting their motions but ultimately found in favor of the State of Alabama. On Friday, Judge Griffin granted the State’s motion to dismiss the lawsuit and rejected the plaintiffs’ motion for a preliminary injunction to halt the use of the voting machines.

“Plaintiffs’ suit is due to be DISMISSED, and the Plaintiffs’ Motion for Preliminary Injunction is due to be DENIED,” Judge Griffin wrote in his decision. “As to the Motion to Dismiss, this Court lacks subject matter jurisdiction because Plaintiffs have alleged only a speculative injury that does not support standing. The Court additionally lacks subject matter jurisdiction because Plaintiffs’ alleged injuries are neither traceable to nor redressable by Defendants, because sovereign immunity pursuant to § 14 of the Alabama Constitution bars this suit, and because the jurisdiction-stripping statute bars this suit. This Court holds that even if it were to reach the merits, it would find that Plaintiffs fail to state a claim. Plaintiffs’ Motion for Preliminary Injunction is denied as moot. This Court finds that if it reached the Motion for Preliminary Injunction, it would be denied because Plaintiffs failed to meet the four required elements of a party seeking a preliminary injunction to which no preliminary injunction can issue. Plaintiffs have a higher burden than usual because they seek a mandatory preliminary injunction that would change the status quo.”

“Plaintiffs fail to establish irreparable harm because their alleged injury is speculative,” Griffin wrote in his final judgment. “Further, the named Plaintiffs have failed to offer any testimony—whether by declaration or live at the hearing—to substantiate any allegations regarding their own circumstances. And without such evidence, Plaintiff has not met their burden to show that they themselves would suffer immediate and irreparable injury. Additionally, Plaintiffs have not shown that they are likely to prevail on the merits, and they have not shown that the balance of equities weighs in their favor given the significant financial and administrative burdens that their requested relief would impose and given that the 2022 General Election is only 59 days away.”

Judge Griffin dismissed the case with prejudice.

The case was brought by former Republican gubernatorial candidate Lynda Blanchard, State Rep. Tommy HanesFocus on America, and Dr. David Calderwood. Blanchard dropped out of the case and was replaced by former Alabama Governor Don Siegelman. The case was supported by lawyers for Mike Lindell. The My Pillow founder and CEO has claimed that the 2020 presidential election was stolen from then President Donald J. Trump. Blanchard said that she supported “the whole Republican ticket” and that the case was being used to promote write-in campaigns. Both Dean Odle and Jared Budlong are running write-in campaigns.

Alabama Today spoke with Alabama Secretary of State John H. Merrill, the lead defendant in the case, following the Judge’s ruling.

“28 and 0,” Merrill said, referring to the number of court challenges that the Secretary of State’s office has defeated in his tenure as Secretary of State.

“This proves once again that we have the most dependable, the most reliable, and the most accountable election system in the country, and that has been verified by three different independent groups as well as by the courts. The only people who have not accepted that are those groups who have agendas to promote.”

The state will use vote counting machines in the November 8 general election.

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