ATLANTA (AP) — The question of whether Georgia’s electronic voting system has major cybersecurity flaws that amount to a violation of voters’ constitutional rights to cast their votes and have those votes accurately counted is set to be decided at trial early next year.
U.S. District Judge Amy Totenberg issued a 135-page ruling late Friday in a long-running lawsuit filed by activists who want the state to ditch its electronic voting machines in favor of hand-marked paper ballots. The state had asked the judge to rule in its favor based on the arguments and facts in the case without going to trial, but Totenberg found there are “material facts in dispute” that must be decided at trial.
She set a Jan. 9 bench trial, which means there will be no jury. But she also suggested that the two sides work together to reach a resolution.
“The Court cannot wave a magic wand in this case to address the varied challenges to our democracy and election system in recent years, including those presented in this case,” she wrote. “But reasonable, timely discussion and compromise in this case, coupled with prompt, informed legislative action, might certainly make a difference that benefits the parties and the public.”

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