Biden FEC choose claimed Georgia voting machines ‘switched’ votes from Abrams to Kemp in 2018

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President Biden’s latest nominee to serve on the Federal Election Fee represented a Stacey Abrams-backed nonprofit in a lawsuit that made a number of unproven allegations of voter suppression. Nominee Dara Lindenbaum additionally signed on to court docket papers alleging voting machines “switched” votes throughout the 2018 Georgia gubernatorial race. 

The Senate Guidelines and Administration Committee held a confirmation hearing for Lindenbaum, a lawyer with the Washington agency of Sandler, Reiff, Lamb, Rosenstein & Birkenstock, to be a commissioner on the FEC. Days later, the Georgia trial for Honest Combat Motion and Care in Motion v. Raffensperger started in U.S. District Court docket in Atlanta. 

Lindenbaum’s title seems because the third signature on the unique criticism within the lawsuit alleging voter suppression within the race that noticed then-Republican Secretary of State Brian Kemp defeat Abrams by 55,000 votes statewide within the governor’s race.

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“One troubling problem — encountered by several voters — is that voting machines switched their votes from Leader Stacey Abrams to Secretary Kemp,” the 66-page criticism filed Nov. 27, 2018, in U.S. District Court docket for the Northern District of Georgia alleges. 

Stacey Abrams, Democratic gubernatorial candidate for Georgia, during a

Stacey Abrams, Democratic gubernatorial candidate for Georgia, throughout a “One Georgia Tour” marketing campaign occasion in Atlanta, March 14, 2022. 
(Elijah Nouvelage/Bloomberg by way of Getty Pictures)

The lawsuit named two voters who mentioned they needed to vote for Abrams on the voting machine 4 occasions as a result of the primary thrice it recognized Kemp. In a single case, it mentioned, solely after a voter’s “fourth attempt was she able to cast a ballot for Leader Abrams.” The criticism says one other voter is claimed to have “kept pressing Abrams and, by the fourth time, the machine finally corrected.”

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The plaintiffs narrowed the case in an amended criticism filed Dec. 3, 2020, to concentrate on allegations of poor coaching of ballot staff and the information on voter registration lists. The amended criticism omitted the prior allegations about voting machines.

President Biden gives remarks at a Black History Month celebration event in the East Room of the White House Feb. 28, 2022, in Washington.

President Biden provides remarks at a Black Historical past Month celebration occasion within the East Room of the White Home Feb. 28, 2022, in Washington.
(Anna Moneymaker/Getty Pictures)

“The U.S. Senate must reject this nominee,” Georgia Lawyer Common Chris Carr, a Republican, mentioned of Lindenbaum.

“The FEC is supposed to be a neutral body that instills confidence in our elections,” Carr advised Every day Publish. “She has spent the last four years making fake claims of voter suppression and pushing conspiracy theories. This has been a four-year fundraising effort for Fair Fight Action assisted by Ms. Lindenbaum.”

Carr wrote a letter to Senate leaders urging them to reject the nomination. 

Sen. Ted Cruz, R-Texas, requested in regards to the matter throughout the affirmation listening to April 6. 

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“Do you think criticizing an election as stolen or otherwise invalid undermines the public faith in the democratic process?” Cruz asked

Georgia Attorney General Chris Carr speaks during a campaign event for Sen. Kelly Loeffler, R-Ga., who is running for reelection, at J.D.s on the Lake in Canton, Ga., October 31, 2020. 

Georgia Lawyer Common Chris Carr speaks throughout a marketing campaign occasion for Sen. Kelly Loeffler, R-Ga., who’s working for reelection, at J.D.s on the Lake in Canton, Ga., October 31, 2020. 
(Tom Williams/CQ-Roll Name, Inc by way of Getty Pictures)

“These matters, the election security matters, are outside the purview of the Federal Election Commission, which is solely focused on campaign finance issues and not the issues of election administration machines,” Lindenbaum responded. 

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Cruz requested once more if claiming an election is stolen undermines religion in democracy. 

“It can, I think it depends on the context involved,” Lindenbaum replied. 

She mentioned that Kemp received the 2018 governor’s race and that Abrams acknowledged Kemp’s victory 9 days after the election. Cruz famous the lawsuit Lindenbaum represented sought to completely enjoin the secretary of state and the Georgia state Board of Elections and declare Georgia’s election course of unconstitutional. 

“The complaint you filed argued that the machines in 2018 actually switched votes for Abrams to votes for Kemp. Is that correct?” Cruz requested. 

Sen. Ted Cruz, R-Texas, questions Nina Morrison, nominee to be U.S. District Judge for the Eastern District Of New York, during her Senate Judiciary Committee confirmation hearing in Dirksen Building Feb. 16, 2022.

Sen. Ted Cruz, R-Texas, questions Nina Morrison, nominee to be U.S. District Decide for the Jap District Of New York, throughout her Senate Judiciary Committee affirmation listening to in Dirksen Constructing Feb. 16, 2022.
(Tom Williams/CQ-Roll Name, Inc by way of Getty Pictures)

“The complaint, I believe, had those allegations in it,” Lindenbaum responded. “Those allegations were all based on affidavits and other stories from voters.”

She went on to inform Cruz “that case is in very active litigation” and “I am very much limited in what I can say about it.”

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Cruz endured.

“As an officer of the court, you were willing to put your name on a legal pleading alleging that the machines used in Georgia in 2018 were switching votes illegally from one candidate to another. Is that correct?” Cruz requested.

“Yes,” Lindenbaum replied. 

Lindenbaum did observe that she was representing Honest Combat Motion and never Abrams as a person. Abrams launched Honest Combat Motion, a nonprofit advocacy group, after shedding the 2018 governor’s race. She is working once more for governor this yr. Kemp is in a Republican major towards former GOP senator David Purdue. 

Lindenbaum didn’t reply to telephone and e mail inquiries for this story. 

Biden nominated Lindenbaum to the FEC in January, weeks after he delivered remarks on the one-year anniversary of the Jan. 6, 2021 Capitol riot. In that speech, Biden excoriated predecessor Donald Trump for casting doubt on the integrity of the electoral course of.

At her present job, Lindenbaum counsels shoppers on complying with state and federal marketing campaign finance and election legal guidelines and represents shoppers in federal and state courts, in addition to earlier than the FEC and state and native election boards. Beforehand, Lindenbaum was an affiliate counsel within the Voting Rights Venture on the Attorneys’ Committee for Civil Rights Underneath Regulation, a left-leaning authorized nonprofit. 

“This [Lindenbaum] appointment shows the hypocrisy of the left,” mentioned Carr, the Georgia legal professional basic. “When some Trump supporters claimed machines switched votes from Trump to Biden in 2020, Democrats went bananas. But Democrats made the same claims in 2018.” 

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