by Patrice Johnson | November 2, 2024
A township clerk and her deputy filed a lawsuit yesterday, calling for a court injunction to stop Secretary of State Benson from instituting a software fix that would nullify the EAC's Logic and Accuracy certifications of Dominion machines prior to next week's Election Day. The move comes after Benson announced a nationwide "glitch" in the Dominion Voter Assist Terminals, VATs, and said she plans to have Dominion representatives remotely upload software modifications to the Dominion machines.
The case, Olson v Benson (PDF below) maintains that the clerks, not the SOS, are legally authorized to oversee fair elections and the ballot counting processes in their jurisdictions. The claim maintains that the Dominion "glitch" indicates a hack occurred, so the machines are unreliable, and a hand count of ballots is called for.
The complaint and emergency ex parte motion for declaratory, mandamus, and injunctive relief was filed November 1 by Attorney Stefanie Lambert Junttila, a long-tiime attorney for Patrick Byrne, founder of Overstock.com.
Since Logic and Accuracy tests have already taken place, any last-minute changes to the machines would render Election Assistance Commission (EAC) certification null and void.
Although the issue lies with the Dominion VATs, they are on the Dominion network, so any software changes to the VATs could also affect/infect the overall voting system. Clerk Olson and Deputy Clerk Lake are calling for a hand count of ballots instead.
Olson v Benson may be summarized as follows:
SOS Benson announced a nationwide "glitch" in the Dominion Voter Assistance Terminals, and since a glitch is an indicator that a hack of the system has occurred, the electronic Dominion machines are unreliable.
Benson cites this glitch as justification for her ordering a software "fix," giving Dominion representatives remote or in-person access to the machines to make nontransparent changes. However, the SOS lacks the authority to order such fixes, say Olson and Lake. Clerks are responsible for and legally authorized to oversee fair elections and the counting processes, so the electronic tabulators and machines fall under the legal authority of the township and municipal clerk, not the SOS. Benson and Brater have no authority to order changes.
Official logic and accuracy machine tests have already occurred, so any changes to the machines made subsequent to these L&A tests would void the EAC's certification. (FYI, Benson also did late last-minute fixes in 2022, but no one filed a lawsuit. Machines are required by law to be tested, accurate, secure, and have their source code inspected by experts.)
While the issue lies with the Dominion Voter Assist Terminals, the VATs are on the Dominion network, so any software-program changes to the VATs could also affect/infect the overall voting system. VATs are available to voters with special needs for reading or marking ballots.
Given the compromise to the machines, the clerk has authority to order a hand count of ballots.
Patrick Byrne said, "The patch is the rig." He warned the SOS's proposed patch could introduce a back door into the election. Byrne released this video. Click here to watch:
In a related issue, the SOS recently removed a clerk in Rock River for refusing to use electronic tabulators and for planning to hand count ballots.
Patrice Johnson, chairs Michigan Fair Elections (MFE) and Pure Integrity Michigan Elections (PIME). A former teacher, Patrice has founded five successful companies and served as senior executive with a Fortune 100 technology company. In 2017, she authored the book, the Fall and Rise of Tyler Johnson, the basis of a PBS documentary film, Finding Tyler. Questions or comments? Contact patrice@mifairelections.org.
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