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Fulton County Superior Court

 ***EFILED***KJ

Date: 8/30/2024 12:26 PM

Che Alexander, Clerk

24CV011028

 

 2 election results. Georgia law

requires that these systems be certified by

 the Election Assistance Commission (“EAC”).

EAC certification requirements mandate that

the cryptographic encryption keys be protected from unauthorized access by placing them in a cryptographic module in accordance with Federal Information Processing Standards (“FIPS”). Georgia’s Dominion’s systems violate that

certification

requirement  by placing the encryption keys on its election systems in an unprotected state and in plain text within county election systems readable to anyone with licit or illicit access to the system.

The Secretary of State has been on notice of this violation of EAC certification

requirements since at least March 28, 2024 when one of the undersigned counsel informed the Secretary of State’s General Counsel, Charlene McGowan, on March 28, 2024 via email. McGowan acknowledge receipt of that email by in a responsive email dated April 11, 2024. Among other things, the Secretary of State’s failure to enforce the mandatory requirement that Georgia’

s election systems be EAC certification

-compliant has compromised all passwords and administrative level controls on Georgia’s election systems. Particularly concerning is that four Georgia counties produced election data for the 2020 election pursuant to open records requests issued more than two years ago, which data has been lawfully published online. The encryption keys for these counties’ systems are included in these public records disclosures, and the administrator and technician passwords are also accessible to the public. In short, the Secretary of State’s

 

 3 failure to enforce mandatory security requirements for encryption keys has compromised Georgia’s election systems and left them vulnerable to any malicious actor – foreign or domestic – to manipulate election results without likely detection.

PARTIES, JURISDICTION AND VENUE

2. The DeKalb County Republican Party, Inc. (“DeKalb GOP”) is a Georgia non-

profit

corporation

with its principal office in

DeKalb County, Georgia. DeKalb GOP is a political organization—duly registered with the Secretary of State pursuant to O.C.G.A. § 21-2-111. As set forth in its bylaws, it exists “to promote the Republican principles and policies adopted by the Georgia Republican Party in convention and further the aims of the National Republican Party platform.” The DeKalb GOP aims to support and ensure the election of Republican candidates in free and fair elections conducted according to law. As a membership organization whose members are candidates and voters in elections in Georgia, the DeKalb GOP is entitled to the due and proper enforcement and application of Georgia’s Election Code, and to the conduct of elections on voting systems that comply with the requirements of Georgia law. 3. Marci McCarthy is a citizen of DeKalb County, Georgia. She is also a member and the Chair of the DeKalb GOP. She has a professional background in cyber security.