Appeal Filed in Court Ruling on Maryland Election Issues Including Voter Rolls, Voting System Errors

MARYLAND News (5/30/2024) – On May 15, 2024, Maryland Election Integrity LLC and United Sovereign Americans, Inc. filed a Notice of Appeal following the refusal of a lower court to hear their case concerning alleged deficiencies in Maryland’s election processes surrounding voter roll accuracy, voting system errors, certification of voting systems, and denial of public information act requests. The appeal challenges the court’s decision based on “standing,” a legal principle determining who is entitled to bring a lawsuit to court. This case is now set to be heard by the United States Court of Appeals for the 4th District.

The plaintiffs, Maryland Election Integrity LLC and United Sovereign Americans, Inc., initially filed a Complaint for Declaratory and Injunctive Relief in the United States District Court for the District of Maryland. They alleged significant violations of election laws and improper handling of voting systems by the Maryland State Board of Elections (MDSBE). According to the complaint, the plaintiffs argue that the MDSBE failed to maintain accurate voter rolls, employed voting systems with void certifications, and did not comply with transparency requirements mandated by federal and state laws.

The complaint details several critical issues:

• Voter Roll Accuracy: The plaintiffs conducted an analysis of Maryland’s State Voter Registration Database, revealing 79,392 apparent registration violations, including duplicate registrations, inactive status registrants, and non-standard addresses.
• Voting System Error Rates: Maryland’s voting systems reportedly exhibited error rates far exceeding the maximum allowable error rates set by the Help America Vote Act (HAVA). The complaint states that the 2020 General Election had 62,075 voting system errors, while the 2022 General Election had 27,623 errors, against the allowable error rates of 24 and 16, respectively.
• Certification of Voting Systems: The plaintiffs argue that the MDSBE certified the ES&S EVS 5.2.0.0 voting system without reviewing its software source code, as required by Maryland law. Additionally, the use of modems in voting machines voided their certification, compromising the security of the voting process.
• Public Information Act Requests: The plaintiffs claim that their requests for audit logs, system logs, and other voting system records were unlawfully denied, preventing public access to essential election information.

Judge Gallagher, in the lower court, dismissed the case on the grounds that the plaintiffs lacked standing. The plaintiffs argue that this decision ignores substantial evidence of election process deficiencies and undermines the right to a transparent and accurate voting system. They assert that the Board of Elections did not deny the allegations but failed to rectify the issues, thereby compromising voter confidence and the integrity of the electoral system.

Maryland Election Integrity LLC and United Sovereign Americans emphasize the importance of transparency and accuracy in the electoral process. They argue that the refusal to address alleged errors and the lack of transparency harms every Maryland voter’s right to a fair election. The organizations stress the need for judicial intervention to ensure that election processes adhere to legal standards and accurately reflect voter intent.

About the Organizations

• Maryland Election Integrity LLC: A Maryland-based limited liability company focused on ensuring the accuracy and integrity of elections within the state. It is comprised of Maryland Registered Voters and concerned citizens.
• United Sovereign Americans, Inc.: A nonprofit corporation based in Missouri, founded by Marly Hornik and Harry Haury, who bring extensive experience in election auditing and cyber-intelligence. The organization is dedicated to improving election transparency and integrity nationwide, employing a team of experts to assess and improve voting systems.

The appeal will be closely monitored by various stakeholders interested in election integrity and the legal frameworks governing electoral challenges. The decision by the United States Court of Appeals for the 4th District will be pivotal in determining the future course of election-related legal actions in Maryland and potentially beyond.

Story by multiple RFHC contributors.