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Voting Machines Defamation Lawsuit
FILE - A Smartmatic representative demonstrates his company's system, which has scanners and touch screens with printout options, at a meeting of the Secure, Accessible & Fair Elections Commission, Aug. 30, 2018, in Grovetown, Ga. (Bob Andres/Atlanta Journal-Constitution via AP, File)

Smartmatic's suit against Newsmax over 2020 election reporting appears headed for trial

A lawsuit pitting an electronic voting machine manufacturer against a conservative news outlet that aired accusations of vote manipulation in the 2020 presidential election appears headed to trial in Delaware

By RANDALL CHASE
Published - Sep 12, 2024, 05:20 PM ET
Last Updated - Dec 16, 2024, 07:17 PM EST

DOVER, Del. (AP) — A lawsuit pitting an electronic voting machine manufacturer that was targeted by allies of former President Donald Trump against a conservative news outlet that aired accusations of vote manipulation in the 2020 election appears headed to trial, following a Delaware judge's ruling Thursday.

Florida-based Smartmatic is suing Newsmax, claiming the cable network’s hosts and guests made false and defamatory statements after the election implying that Smartmatic participated in rigging the results, and that its software was used to switch votes.

Newsmax, also based in Florida, argues that it was simply reporting on serious and newsworthy allegations being made by Trump and his supporters, including former New York City Mayor Rudy Guiliani and conservative attorney Sidney Powell.

Attorneys for both sides asked Superior Court Judge Eric Davis to rule in their favor without holding a trial, which is scheduled to start Sept. 30. On Thursday, Davis granted partial summary judgment to each side but said a jury must decide several key issues.

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