In a trial set to begin on Tuesday, election integrity activists are seeking a federal judge's order to stop Georgia from using its current election system, claiming that it is vulnerable to attack and has operational issues that could compromise voters' right to cast a vote and have it accurately counted. The activists argue that the Dominion Voting Systems touchscreen voting machines used in the state are so flawed that they are unconstitutional. However, election officials maintain that the system is secure and reliable, and assert that it is within the state's jurisdiction to determine how elections are conducted.

Georgia has gained significant attention as a pivotal electoral battleground in recent years. The state's election system, used by nearly all in-person voters statewide, consists of touchscreen voting machines that produce ballots with a human-readable summary of voters' selections and a QR code that is scanned to count the votes. The activists contend that the state should transition to hand-marked paper ballots tallied by scanners and implement more comprehensive post-election audits.

U.S. District Judge Amy Totenberg, presiding over the long-standing case, stated in an October order that she lacks the authority to mandate the use of hand-marked paper ballots. However, activists argue that prohibiting the use of touchscreen machines would effectively necessitate the use of hand-marked paper ballots, as mandated by state law as an emergency backup.

The trial, which predates the conspiracy theories surrounding Dominion voting machines that emerged after the 2020 election, was initially filed in 2017 by individual voters and the Coalition for Good Governance, an organization advocating for election integrity. It targeted the outdated, paperless voting system in use at the time. In August 2019, Totenberg prohibited the state from using the antiquated machines beyond that year. Subsequently, Georgia agreed to purchase new voting machines from Dominion and rushed to deploy them ahead of the 2020 election cycle. The activists then amended their lawsuit to challenge the new system, claiming serious security vulnerabilities, potential exploitation without detection, and inadequate measures taken by the state to address these concerns. They also argue that the QR codes on the voting machines are unreadable, making it impossible for voters to verify the accuracy of their votes, and that the large, upright screens compromise ballot secrecy.

While experts engaged by the activists have found no evidence of vulnerabilities being exploited to alter election outcomes, they assert that immediate action is necessary to safeguard future elections. University of Michigan computer scientist J. Alex Halderman, one of these experts, examined a Georgia voting machine and produced a detailed report outlining vulnerabilities that could be exploited by malicious actors. In June 2022, the Cybersecurity and Infrastructure Security Agency (CISA) issued an advisory based on Halderman's findings, urging jurisdictions using the machines to promptly address the vulnerabilities. During a May hearing, the state's lawyer informed the judge that the physical security elements recommended by CISA were largely in place. However, the secretary of state's office stated that a software update from Dominion would be too burdensome to install before the 2024 elections.

The security concerns surrounding the voting system were further heightened when unauthorized individuals accessed election equipment in January 2021, leading to the uploading and sharing of the voting system software and data on a server. Halderman argued that this breach made it even easier to plan an attack on the system. The breach was discovered and exposed by the plaintiffs in the lawsuit, leading to a Fulton County racketeering indictment against former President Donald Trump and 18 others. This indictment included charges against four individuals related to Coffee County, two of whom, including Trump-allied lawyer Sidney Powell, have pleaded guilty after reaching deals with prosecutors.

Throughout the litigation, Totenberg has expressed concerns about the voting system. However, in October, she emphasized that the activists bear a heavy burden in establishing a constitutional violation linked to the voting system or its implementation. David Cross, a lawyer representing some of the individual voters, believes that the judge has only seen a fraction of their evidence thus far. While he is hopeful that the judge will rule in their favor, he does not anticipate any changes before Georgia's presidential primary in March. Cross acknowledged that changes might be possible before the general election in November if Totenberg rules expeditiously. However, he acknowledged the likelihood of the state appealing any ruling in favor of the activists. Marilyn Marks, the executive director of the Coalition for Good Governance, shares this optimism ahead of the trial, asserting that they have the facts, science, and law on their side, while claiming that the state has no defense.

Despite multiple requests, a representative for Secretary of State Brad Raffensperger did not respond to requests for an interview ahead of the trial. The activists had intended to call Raffensperger to testify, questioning his decision to adopt a voting system that utilizes unreadable QR codes. They also believe that his office has failed to investigate or implement adequate safeguards following the Coffee County breach and sought to question him about it under oath. The judge ordered Raffensperger to appear as a witness, but the 11th U.S. Circuit Court of Appeals ruled on Friday that he is not obligated to testify, citing his position as a top official and asserting that the plaintiffs did not demonstrate the necessity of his testimony. Cross criticized this decision, stating that it is a travesty that voters will not hear from Raffensperger during the trial and that his absence deprives their clients of answers to crucial questions.