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.
“If voting is not secure then nothing is secure,” attorney states after vote counting machine lawsuit is dismissed
On Friday afternoon, Montgomery Circuit Judge Greg Griffin dismissed a lawsuit challenging the state of Alabama’s use of vote counting machines. He also dismissed a motion by the plaintiffs in the case for a preliminary injunction that would have led to the hand-counting of ballots in the general election on November 8. The plaintiffs released a statement afterward lamenting Judge Griffin’s decision to dismiss their lawsuit. “Steve Marshall, John Merrill, and the members of the electronic voting committee were provided a video of an electronic voting machine counting counterfeit ballots,” said plaintiffs’ attorney Melissa Isaak in a statement. “It was irrefutable that the machines were not functioning properly, and there has been no concern shown from any of these elected officials.” “In May of this year, John Merrill said that the “hardened” stand-alone computers used in the election “cannot be connected to the internet.” This was shown in court to be false as Wifi and Bluetooth connectivity was specifically requested in Merrill’s own purchase orders,” Isaak continued. “Plaintiffs presented the world’s top cyber security experts who testified that Alabama’s electronic voting systems are NOT secure, and even if not connected to the internet, they can still be hacked.” “We showed without dispute or opposition that the voting equipment to be used in the 2022 primary did not work properly but accepted fake ballots,” plaintiffs’ attorney Jay Hinton said. “Yet, the state used them anyway. We will continue to fight for all Alabama voters to make sure that their votes are ‘counted’ in a constitutional way.” “Voter security is the most important issue of our time. If voting is not secure – then nothing is secure,” said plaintiffs’ attorney Phillip Jauregui said. “We brought our nation’s best experts into court, and they proved that our voting systems are insecure, uncertified, and accept fake ballots. We believe the Alabama Supreme Court will apply the law to the shocking facts in this case and protect our voting rights.” Jauregui’s comments suggest that the plaintiffs intend to appeal Judge Griffin’s ruling. The plaintiffs in the lawsuit were Focus on America, former gubernatorial candidate Lindy Blanchard, State Rep. Tommy Hanes, and Dr. David Calderwood. Blanchard later stepped away from the lawsuit, suggesting that write-in gubernatorial candidates were using the lawsuit as a vehicle to promote their campaigns. Blanchard emphasized that she supports the whole Republican ticket. “I’m very disappointed in Judge Griffin’s ruling,” stated Rebecca Rogers of Focus on America. “He could have taken an epic stand for election integrity, but he chose to support the status quo instead.” “We presented evidence at the August 30 hearing that Alabama’s voting machines are vulnerable to hacking,” Rogers continued. “We know that at least some machines misread copied ballots as valid because that’s been shown to happen. With all the controversy surrounding elections today, we were asking the Judge to rule in favor of a method of counting that’s been used for centuries to give honest results–hand counting the ballots. Apparently, Judge Griffin accepted the State’s assurances that all was well and that there wasn’t anything to see here with our election machines.” Marshall, who is defending the state, asked that the case be dismissed. In the ruling, Griffin stated, “Plaintiffs fail to establish irreparable harm because their alleged injury is speculative. 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.” The Secretary of State’s office maintains that Alabama has the most secure voting system in the country. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
