Judge directs state officials not to reset Georgia voting machines

Source: The Hill | November 30, 2020 | Zack Budryk

A federal judge on Sunday barred state officials from resetting voting machines used in three Georgia counties.

In the four-page order, District Judge Timothy Batten, a George W. Bush appointee, barred officials from “altering, destroying, or erasing, or allowing the alteration, destruction, or erasure of, any software or data on any Dominion voting machine in Cobb, Gwinnett, and Cherokee Counties.”

Attorney Sidney Powell, who brought the suit against Gov. Brian Kemp (R), Secretary of State Brad Raffensperger (R) and four other election officials, has alleged without evidence that Dominion election systems were tampered with by foreign governments.

In a hearing on Sunday, the state officials argued that they do not have authority over county elections officials. Batten agreed to receive a brief from Kemp and Raffensperger detailing their opposition to a “forensic inspection” of the machines, and also ordered the defendants to provide the plaintiffs with the state’s contract with the company.

However, he also certified the temporary hold for appeal, allowing Raffensperger and Kemp to immediately appeal the decision to the 11th Circuit. He noted in an order on Monday morning that the case may benefit from an appeal, appearing to acknowledge jurisdictional questions about the lawsuit.

“The Court finds that its November 29 order partially granting Defendants’ motion for a temporary restraining order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation,” Batten wrote.

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