Focus on America claims that Alabama voting systems can connect to the internet
On Thursday, a conservative action group that is concerned with election integrity and supports informing voters, Focus on America announced in a press release that they have supplemented the record in their case challenging the use of voting machines in Alabama elections. Focus on America said in the release that they have forwarded new evidence to the Alabama Supreme Court and the Montgomery Trial Court. The new evidence is from a statement that defendant Secretary of State John Merrill made in a meeting of the Tennessee Valley Republicans that the plaintiffs claim contradicts prior testimony of defendants and defense witnesses in this case. The plaintiffs claim that this new evidence shows that Alabama’s election voting system is wide open to the internet in over sixty locations. Secretary Merrill disputed Focus on America’s claim in a phone interview with Alabama Today. Rebecca Rogers, with Focus on America, is a plaintiff in Hanes v. Merrill that presently plaintiffs have appealed to the Alabama Supreme Court. Rogers stated she asked Sec. Merrill specifically about the so-called “hardened” laptops provided to each probate judge. Rogers referred Merrill to an AL.com article that quotes both Merrill and co-Defendant Bill English, Lee County Probate Judge and Chair of the Alabama Electronic Voting Committee. “The hacker, if he gets into our second computer and changes it, we’ve still got the original data from the precincts on computer A,” English said. “The security is that nobody can get to computer A from the Internet.” Rogers claimed that in her question, she referenced the Secretary of State Office’s own purchase order for these so-called “hardened” laptops that proves, among other things, that the laptops are not hardened but, to the contrary, were ordered with WiFi and Bluetooth. “Everything in this case has already been adjudicated,” Merrill told Alabama Today. “That case is over.” Merrill said that the information that is in those laptops is for “election night reporting only so that the media can have numbers to report. Those are unofficial results.” “While Merrill and the probate judges may understand that this computer is used for only one purpose, hackers don’t really care and connecting to the internet at all leaves widespread vulnerabilities in our election security and voter rights,” stated Rogers. “John Merrill misrepresented the truth before the Alabama Supreme Court with our electronic voting machine lawsuit.” Merrill denied misrepresenting anything to the court. “Those people have gotten so much information they can’t understand it,” Merrill said. “They have no credibility.” “In May of this year, John Merrill said that the “hardened” stand-alone computers used in the election ‘cannot be connected to the internet.’” Melissa Isaak, the plaintiff’s attorney, said. “This was shown in court to be false as Wifi and Bluetooth connectivity was specifically requested in Merrill’s own purchase orders.” Another attorney for the plaintiffs, Phillip Jauregui, stated, “This admission is outrageous. For months, the defendants have testified that the election laptops are not open to the internet. But now, when exposed by their own purchase order, they are forced to admit that the opposite is true. The legal problem is that they only did so after the record and appeal had been sent to the Alabama Supreme Court. We hope and pray the Alabama Supreme Court will accept this new evidence and rule for the plaintiffs in our main case. Our janky, uncertified, and insecure systems must be fixed.” Alabama Today asked Merrill what the status of the case is. “Hugh is dead,” Merrill responded, referring to the recent passing of the Secretary of State’s general counsel. “Normally, I would just ask him.” The general counsel for the Alabama Secretary of State’s Office Hugh Evans III passed away on November 17. Evans was undefeated in numerous different court challenges of election law while working with Merrill. Merrill reiterated his view that the Alabama election results cannot be hacked and that this case has no merit. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Court dismisses vote counting machine lawsuit
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 Hanes, Focus 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. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Court hears court case challenging the integrity of the state’s vote counting machines
On Tuesday, a Montgomery judge heard a lawsuit seeking to end the state’s use of electronic vote counting machines. The plaintiffs claim that the use of electronic vote counting machines adds the ability for election integrity to be undermined by bad actors and creates an unacceptable layer of inaccuracy in Alabama elections. Allegations that the state strongly denies. The case is being brought by Focus on America (FOA) State Rep. Tommy Hanes, Dr. David Calderwood, and then gubernatorial candidate Lindy Blanchard. Blanchard has since left the case because she says that she supports the full Republican ticket and that the case is being used to advance a write-in campaign. Former Alabama Governor Don Siegelman has joined the lawsuit in her place. The Alabama Attorney General’s office filed a motion asking that the Judge dismiss the case. Alabama Today spoke with write-in gubernatorial candidate Dean Odle about the court proceedings. “The judge decided to hear the case,” Odle stated. Odle said that the case is about “cybersecurity.” “The most sophisticated weapons the U.S. military has can be compromised,” Odle commented, quoting retired Col Sean Smith, who was an expert witness for the plaintiffs. “Focus on America wants an election process that the voters of Alabama can have confidence in and that accurately counts every legal vote cast,” Focus On America spokeswoman Rebecca Rogers said in a statement. “Knowing that our machines can be hacked even when they are not connected to the internet, we believe that right now, the best option for a fair vote count in November is to put the machines aside and hand count the ballots. We have some serious concerns about the election machines in use all across the state, which is why we joined State Representative Tommy Hanes’s lawsuit against Secretary of State John Merrill and the Electronic Voting Committee.” Focus on America is allied with My Pillow founder Mike Lindell and Lindell’s attorneys played a prominent role in the court hearing. Lindell has drawn national attention for his claims that the 2020 presidential election was ‘stolen’ from then President Donald Trump. “The machines by ESS (the systems that the state of Alabama purchases) and Dominion are the worst,” Odle said. Secretary of State Merrill has stated that the vote counting machines that the state uses do not connect to the internet and do not even have modems where they could connect to the internet. “That’s what he says,” Odle replied. “The laptops they use to tabulate the vote, those very computers have both wife and Bluetooth.” “Someone could alter those machines with a program on a thumb drive,” Odle stated. “There are 80 to 200 vulnerabilities,” in Alabama’s election processes, Odle said the expert witnesses testified. Odle said that the plaintiffs’ experts told the court to, “Melt them down and bury them. They cannot be secured.” Odle and Blanchard were among eight Republican candidates defeated by incumbent Governor Kay Ivey in the May 24 Republican primary. On Thursday, the state Alabama Electronic Voting Committee went into executive session to discuss the pending legal case. Alabama Today spoke with Secretary of State Merrill on Friday. “We don’t comment on pending litigation,” Merrill said. “What I can say is that Alabama has the safest, most transparent, and accountable voting process in the nation. And that is not just us saying it, but an independent national review that looked at all the from other states in the country. We believe that when the court reviews all of the evidence that they will come to the same conclusion.” To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
