ELLIJAY. Ga – Fulton County filed a motion to dismiss the election integrity lawsuit. Henry County Superior Court Judge Brian Amero issued a motion to stay in the case until he could rule on it.
Friday, May 28, was originally the day plaintiffs’ and Fulton County’s council convened to decide a process for reviewing the unsealed November 2020 election absentee ballots. However, Fulton County’s motion to dismiss resulted in a delay of the case until June 21.
Plaintiff Garland Favorito, of VoterGa.org, explained that Fulton County’s attempting to get out of the lawsuit and place the case solely on the shoulders of Fulton’s Board of Elections and Registration. VoterGa.org originally sued the board of registration and elections, but the court added Fulton County to the suit. Amero’s interpretation of Georgia’s new sovereign immunity law in such a way that the county would need to be included.
Fulton County’s hired the law firm Garland, Samuel, and Loeb to represent it. The firm specializes in three areas criminal, personal injury, and business litigation.
Favorito commented that the new motion “doesn’t appear to have a ton of validity” and is hopeful the judge will throw it out at the next hearing. His group is currently working on their response.
As for the Department of Justice becoming involved, Favorito doesn’t believe the federal government will intervene with the state’s case.
Secretary of State Brad Raffensperger (R) has gone on record supporting legal investigations into election integrity while condemning corruption in Fulton County. His office has also filed an amicus brief in this case, trying to protect voter’s rights, but Judge Amero decided to unseal the ballots anyway.
Favorito added the plan to review the ballots will probably continue after July 4 unless Judge Amero dismisses the case.
ATLANTA, Ga – According to Trump attorneys, newly released video footage of State Farm Arena from election night demonstrates voter fraud.
During the Georgia Judicial Subcommittee hearing, Jackie Pick, volunteer attorney for the Trump legal team, presented surveillance tape of Fulton County election officials continuing to count ballots after poll watchers left for the night.
Pick shared the accounts of the two Republican poll watchers who were only allowed to observe from the media area. At around 10:30 p.m., a female Fulton employee announced to the room that they were halting the count until morning.
Once the majority left, the blonde woman and three other women began counting ballots again. A man is seen in the video as well. The blonde woman pulled containers full of ballots from beneath a table. The earlier footage shows poll workers taking similar ballot containers from a stacked pile in the back of the room.
The Fulton election official in question moved the table into place at 8:22 a.m. It’s unclear when someone placed those ballots under the table or if the table was close to the stacks of containers. The security camera setup provided a disjointed view of the room. State Farm Arena owns the security cameras.
Senator Blake Tillery (R – Vidalia) asked in closing statements why it took a month to see this video and why they didn’t see it first from the Secretary of State’s office. He said the video is one thing he “can’t explain.”
They continued to count ballots until past 12:00 a.m. After 1:00 a.m., the Republican poll watchers returned and confirmed they missed approximately three hours of the vote tally process.
Pick couldn’t answer all the senators’ questions because the legal team hadn’t reviewed the tape in real-time. They just received it last night around 1 a.m. She said she would give the information to the senators at a later date.
Senator Elena Parent (D-Atlanta) strongly questioned Pick asking why the attorney brought up an alleged fraud that “had been debunked for weeks by the Secretary of State Office.”
Pick simply responded, “They haven’t seen the tape.”
No representatives from the Secretary of State’s office were in attendance to refute her claim.
One question asked by Senator Tillery was the location of the Secretary of State monitor within the room. Pick was unsure because they hadn’t spoken to the Secretary of State’s office or Fulton County elections officials yet.
At the end of the day, Parent stated that they identified the monitor as a young white man in a blue jacket present in the video.
Fulton County officials and Commission Chairman Ronald Pitts addressed the Oversight Committee in the morning. They addressed the claims about vote tampering in State Farm Arena.
An election manager at State Farm Arena did direct some of the staff to leave at 10:30 p.m. Election Director Richard Barron said they could not go and must continue working. Some employees did leave at 10:30 p.m., and the observers left. The election official recounting the story didn’t witness the event.
She did say that a Secretary of State monitor remained in the room, and after it became clear that the vote count would continue, more monitors returned.
“There was no intentional misleading of anyone. There was nothing untoward that occurred, but some workers stayed some left. Some of the observers left, but a Secretary of State monitor stayed the entire time,” Fulton Director of External Affairs Jessica Corbitt-Dominguez said.
Chairman Pitts cleared up the water leak issue. The leak began at 6:07 a.m. and was fixed by 8:07 a.m. No ballots were damaged, and it occurred on a different floor.
ATLANTA, Ga – Georgia Judge issued a restraining order against destroying any software or data from Dominion voting machines in three counties. Secretary of State’s office continued to stand by the integrity of the election.
On November 29, Judge Timothy Batten Sr. released a court order against the wiping or altering of any Dominion software or data by local board of elections. The ruling appeared to apply to all 159 Georgia counties. A few hours later, he rescinded that order; then, at 10 p.m., Batten issued another order that prohibited destroying any software data in Cobb, Gwinnett, or Cherokee counties for ten days. The third order states that the defendants argued the secretary of State has no lawful authority over local elections officials. Defendants changed their request only to include Cobb, Gwinnett, and Cherokee.
On Monday, November 30, Judge Batten clarified his position, citing that an appeal may result in the litigation’s termination due to “substantial ground for difference of opinion.”
Batten also issued a court hearing set for Friday, December 4 at 10:00 a.m. Governor Brian Kemp, Secretary of State Brad Raffensperger’s legal team have until Wednesday, December 2, to file their opposition brief. The plaintiff’s reply will be due by Thursday, December 3.
Secretary of State’s Press Secretary explained how the paper ballot system prevents data from being lost or altered.
In 2020, Georgia moved to a paper ballot system and away from electronic voting to improve system accountability. Voters can now review their paper ballots before casting them into the counter machine. Yes, individuals still make selections digitally, but the paper form serves as the final ballot. Their votes aren’t processed until they insert their ballot into the counter machine.
During a recount, counties need paper ballots to reassess the election results.
However, elections officials must reset the counter machine for Georgia recounts. It’s part of the system to ensure that the number of ballots cast matches the number processed. For instance, if they have a stack of 100 paper ballots, the machine also needs to count 100 votes. If the device doesn’t match up, officials receive an error message and can’t proceed until it’s resolved.
The hand-audit required local officials to sort every ballot. The statewide audit upheld Joe Biden’s win in Georgia.
Raffensperger announced on Monday that his office is investigating credible voter fraud claims, such as in Gwinnett County. There’s an accusation that the number of absentee ballots, not match the number of absentee ballot envelopes. Gabriel Sterling went on to confirm that they have 250 voter fraud investigations underway. Several of those center on Fulton, Gwinnett, and Cobb counties.
Read more about the election law investigations launched by Raffensperger in Georgia.
Fulton Server Crash
As for the Fulton County server crash, Secretary of State’s office Voting System Implementation Manager Gabriel Sterling said in a press conference that a county employee “ignored the basic instructions.” Dominion Voting Systems technology wasn’t the issue.
Instead of using the central server for the presidential recount, Fulton county decided to use a logic and accuracy server – intended for the District 5 runoff taking place on Tuesday for Rep. John Lewis’s seat.
Dominion and the Secretary of State’s Office told Fulton County elections officials not to use the express server for the recount.
“A security measure flagged the process because timestamps were off, causing the server to crash and ultimately making it impossible to get the database,” he said.
Fulton must scan ballots again, which will take more time, but Sterling is hopeful that the Presidential election will be certified this week.
“It has nothing to do with servers being wiped. Nobody directed that. That’s just a lie. It’s made up out of whole cloth. And it is the kind of stuff we are having to deal with,” Sterling said.
He blamed Fulton for causing “rampant speculation” by failing to inform the public and the media of what happened.