From On The Docket, Democracy Docket <[email protected]>
Subject Republicans vs. Dominion Voting Systems
Date September 6, 2024 11:00 AM
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Michigan ACLU sues to ensure 2024 certification.

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Friday, Sept. 6

A Republican-led attempt to investigate Dominion voting machines results in over $1 million in sanctions for Fulton County, Pennsylvania. Pro-voting advocates are suing a Republican member of a Michigan county election board after he indicated he may not certify the 2024 election results. And Texas’s top legal officer takes aim at efforts to register eligible voters.

As Election Day nears, it's important to stay current on voting rights in the courts. Forward ([link removed]) our weekly newsletter to a friend, family member or colleague to help everyone stay engaged. If you received this email from someone else, you can subscribe here ([link removed]) .


** Pennsylvania county hit with $1M in sanctions for Dominion voting machine probe
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Republicans’ enduring fixation ([link removed]) with Dominion Voting Systems is proving to be expensive.

The most recent example of this is a ruling ([link removed]) from a Pennsylvania judge, who ordered Fulton County and their attorney to pay over $1 million in sanctions after improperly investigating Dominion Voting Systems machines following the 2020 election.

The ruling stems from the majority-Republican county commissioners’ decision in December of 2020 to bring in an IT company to investigate Dominion voting equipment used in the 2020 election. The move sparked a legal battle culminating in a decision from the state Supreme Court that temporarily blocked the inspection. Despite this, Fulton County still allowed a forensic auditing company to inspect the equipment and electronic evidence relevant to the case.

Since 2020, Republicans in various states and jurisdictions have dogged Dominion with unsubstantiated election conspiracies — at their own peril. In Arizona, failed GOP candidate Kari Lake tried ([link removed]) to sue over the state’s use of Dominion voting machines. Lake and co-plaintiff Mark Finchem were later sanctioned for making false statements to the court.

And, last year, Fox News agreed to pay nearly $800 million for its false claims about the 2020 election and Dominion Voting Systems. Read more about the Pennsylvania case. ([link removed])

A MESSAGE FROM OUR SPONSOR
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End Citizens United Action Fund is leading the charge to pass the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act. These bills would protect everyone’s access and ability to vote, end gerrymandering, limit big money in our politics, shine a light on dark money, and restore key provisions of the Voting Rights Act of 1965. Help us by supporting our cause. ([link removed])

ACLU sues to ensure Michigan board certifies 2024 results

The aftermath of 2020 sparked another unfortunate trend: County election officials refusing ([link removed]) to certify results if they suspect fraud, under the guise of ensuring the election results are accurate.

This week, the ACLU of Michigan and two voters sued ([link removed]) a Republican member of the four-member Kalamazoo County Board of Canvassers after he reportedly claimed that he won’t certify the 2024 election if it’s “stolen” from former President Donald Trump.

According to a Detroit News story cited in the lawsuit, Robert Froman said he “most definitely” believes the 2020 election was stolen from Trump, and that he wouldn’t certify the 2024 results if the race unfolded the same way 2020 did. The ACLU is asking a circuit court to rule that Froman is required to certify election results under the Michigan Constitution.

Last month, Nevada’s highest court dismissed ([link removed]) a lawsuit against Washoe County commissioners after they finally decided to certify the June primary election results. The suit alleged the county held off certification based on “unsubstantiated” claims that the recounts were untrustworthy.

In Georgia, national and Georgia Democrats are suing ([link removed]) the State Election Board for passing rules in August that could delay the certification of election results. The roles were pushed by the board’s three Republican members, all of whom have said they view election certification not as a mandatory duty, but as a discretionary act.

In May, Fulton County Board of Elections and Registration member, Julie Adams (R), filed a lawsuit essentially challenging ([link removed]) the obligations of her position after she refused to certify primary results. Read more about the Michigan lawsuit, ([link removed]) and what happens when officials refuse to certify election results. ([link removed])


** Republicans fight against efforts to register eligible voters
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Less than two months away from the 2024 election, some Republicans are using the courts to push back against efforts to register eligible voters — again, under the guise of safeguarding elections.

In Texas, a legal battle is brewing over officials in Bexar County — one of Texas’s largest counties — approving a plan to hire a third-party vendor to mail out over 200,000 voter registration forms to residents who are eligible to vote but aren’t registered.

Paxton sued the Bexar Commissioners Court after they moved forward with the voter registration plan. His office framed it as an eligibility issue, but a spokesperson for the county said the letters are for unregistered — but eligible — voters.

The attorney general is under fire for his state election fraud probe, which led to authorities raiding ([link removed]) the homes of several Latino campaign volunteers last month. Some Texas Democrats have denounced ([link removed]) the raid as a voter suppression tactic. Read more about Paxton’s lawsuit. ([link removed])

Similarly, the Republican National Committee (RNC) sent letters to the six secretaries of states — Arizona, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin —- urging them to monitor a civic health organization that’s helping to register voters in health care settings.

The letters accuse the nonpartisan Vot-ER of “weaponizing the healthcare system” for “partisan political purposes,” and urge each secretary of state “to monitor Vot-ER’s activity in your state to ensure its compliance with state and federal law and to safeguard the integrity of your elections.” Read more on the letters. ([link removed])


** From Our Desk: What’s at Stake in 2024 Supreme Court Races
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Democracy Docket staff writer Crystal Hill unpacks how this year’s Supreme Court races could have wide implications for issues like abortion rights and gerrymandering. “In Ohio and Michigan, the election could determine whether Republicans or Democrats have court majorities, which could have a lasting impact on issues like voting rights, gerrymandering and other constitutional matters. In North Carolina, Alabama and Texas, which are either mostly or completely Republican, Democrats are running to add more ideological diversity to the courts.” Read more here. ([link removed])

A MESSAGE FROM OUR SPONSOR

End Citizens United Action Fund ([link removed]) knows that American democracy is under threat. That’s why we’re committed to helping pass the Freedom to Vote Act and the John R. Lewis Voting Rights Advancement Act next Congress to strengthen and protect it.


** What We’re Doing
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The pet owners at Democracy Docket are staying sane this election season by spending quality time with their cute companions. When staff writer Matt Cohen isn’t documenting ([link removed]) right-wing attempts to suppress the vote, he cuddles with his pup, Pepper. For fellow writer Courtney Cohn, tracking ([link removed]) ballot initiatives is no match for raising her rambunctious new kitten, Cass. To promote and protect democracy, recruit your furry friend to help spread the message with our merch! ([link removed])
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Proud dog owner Marc Elias joins Sarah Longwell, founder of Republican Voters Against Trump, to discuss the Republicans voting for Kamala Harris, fractures in the GOP and how Donald Trump is a threat to democracy and conservative ideals. Watch on YouTube here. ([link removed])
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