Daugherty V Raffensberger: The Little Election Lawsuit That Could

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  • Source: UncoverDC
  • 09/19/2023

There is an election integrity case quietly working its way through the courts that could make some headway in the state of Georgia. Michael Daugherty, who is a healthcare entrepreneur who started an organization called the Justice Society to help people fight legal battles with behemoths like the federal government, filed his lawsuit with the Fulton County Superior Court on Jan. 25 with a motion to amend the petition filed on Feb. 8.

Creative Destruction Media reported that the lawyers for the Daugherty lawsuit say it is the only "existing case that can change the outcome of the 2020 national elections by challenging as invalid the GA U.S. Senate races.” The lawsuit is different from other election lawsuits in that it focuses on how the runoff election was conducted.

"This case is not about Trump. The case is about the Georgia Senate race and the Georgia law that was broken by the processes that were not in place," said Daugherty in a May 10 interview. "Watching what happened in that Senate race and the deafening silence from the Republicans in Georgia is what really got me going. I expect all kinds of shenanigans from Stacy Abrams. The case is different because it goes on the law…why were they wash, rinse, repeating exactly what they did in the November [election]?" Daugherty asks.

The lawsuit has garnered some attention from the opposition as well. Daugherty stated that four lawyers from Perkins Coie showed up on his doorstep—evidence it is "being taken seriously," added Daugherty.

Daugherty jokingly said in the interview that he is used to "putting his head on a spike," referring to a lawsuit that he fought and won after years of battle with "the administrative state." In 2018, The Hill reported that he was known as a hero in some parts "because he has spent [a] decade fighting charges brought by the Federal Trade Commission (FTC) that LabMD had engaged in “unfair” business practices in 2008 when it was hacked by a security consulting firm trying to get him to buy their security services...the court vindicated Daugherty’s argument that having one’s computers compromised by professional hackers is not an “unfair” business practice."

His company was forced out of business, but he prevailed. "No other company has stood up to the FTC. For large companies, which are frequently investigated by the government, it is more important to maintain a good relationship with regulators than to fight for sound legal principles. And smaller companies simply lack the resources to fight the FTC," per reporting by The Hill.

Daugherty decided to sue the state on behalf of voters because he is tired of "the establishment breaking laws" with impunity. During an interview with CD Media, he explains:

“You can’t ignore election law violations by anyone, much less the political establishment. While there needs to be a high bar, deadlines, and finality, the politicos today feel they can violate every rule there is; to them the ends justify means. Frankly, the widespread disregard for the law is disgusting.”

“The Trump cases had to have proof before engaging in discovery in order to challenge the results, but there was so little time. The system is simply rigged to permit fraud to flourish and succeed. But we have had the luxury of time. We’ve had time to lay the groundwork to go after everyone, and this will surely include the outrageous Stacey Abrams consent decree, the astonishing Dominion agreement, and potentially Dominion itself. 'Voters' who were not registered to vote or did not vote in November suddenly voted in January. That was also illegal, and we are going to bring all this to light and hold the actors accountable.”

The case requests an "objective examination of whether the voting machines used in the election meet the required GA statutory standards." Daugherty alleges they did not meet those standards and because of that, "the election must be invalidated." The 54-page complaint seems to substantiate his claims with ample evidence.

The lawsuit contains a number of exhibits that examine deficiencies in the Dominion Voting Systems (DVS) equipment used in the Senate runoff in Georgia. Daugherty uses evidence from a Jan. 2019 examination of Democracy Suite 5.5 from a Texas election because it was the same election management system (EMS) used in Georgia for the runoff. Daugherty alleges that Democracy Suite 5.5 failed to meet the standard for certification.

Coffee County also had problems with adjudication and is one of the exhibits in the case. During the adjudication process with DVS, no "trail" can be created to indicate who adjudicated a vote whereas the older Diebold System, tracing was possible. This flaw in the Dominion equipment "allows anyone to change a vote" with zero accountability. During a mock-up election in Coffee County, as stated by Exhibit 1 in the complaint, they were able "to verify and recreate those deficiencies."

According to the Navarro Report, as cited in an UncoverDC article on Jan. 15, Georgia was one of the most egregious cases of election fraud of the swing states examined. The voting machine irregularities alone accounted for 136,155 potential illegal ballots; however, there was a total of 601,130 votes that were potentially illegal. According to Navarro's investigation, the Biden "victory margin" was a mere 11,779 votes.

Georgia/Navarro Report lll

Among other things, the suit seeks to look at a number of components in the elections on Nov. 3 and the runoff in January to include but not limited to; paper ballots, forensic examination of the voting equipment, the conduct of the officials involved in the election, election security, inaccurate reporting of the data, and using equipment in the elections "whose use they knew, had notice, or should have known, had been rejected by other states and experts for reasons of security and verifiability and did not assure that such issues had been satisfactorily resolved in Georgia"—such as the issue with the Democracy Suite EMS.

In sum, Daugherty contests the certified results for both the November and the January elections and maintains that the elections "do not accurately reflect the intent of eligible Georgia voters" because of misconduct, ballot and machine security issues, certification issues, and inaccurate counts.

If such issues were to be confirmed in an investigation, then he is requesting to rerun the Senatorial election on paper ballots. He names Fulton, Coffee, DeKalb counties and their election boards as well as Secretary of State Raffensberger and two of the candidates in the January runoff races—Thomas Ossoff and Raphael Warnock. He also uses findings and experts from other lawsuits, such as the testimony from Garland Favorito, to substantiate his claims.

Daugherty Statement/Georgia

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