“State defendants repeatedly misrepresented to this court critical facts regarding Georgia’s GEMS database … as part of a sustained campaign to obstruct highly relevant discovery,” the plaintiffs wrote in an Oct. 11 motion.
State attorneys wrote in a response Friday that they worked in good faith to ensure security protocols before handing over critical election components. If Totenberg does impose sanctions, the state asked that they amount to no more than about $29,000.
“Plaintiffs’ entire case was premised on the idea that state defendants had paid too little attention to election security. Plaintiffs now seek to sanction state defendants for putting too great a priority on the security of election systems,” according to the state’s court filing.
Totenberg ruled in August that Georgia voters can continue casting ballots on the state's electronic voting machines this year, but paper ballots must be used starting next year.
Georgia election officials are installing a $107 million voting system that generates computer printed paper ballots. The lawsuit is now focused on whether the new voting system will remain vulnerable to hacking, malware or misconfiguration.