Lawsuit Updates

Smartmatic is taking steps to defend its reputation from attacks by actors trying to further their agendas and profits. These attacks don’t just hurt Smartmatic. They damage the credibility and integrity of all elections, and disparage the hard work of election officials, administrators and poll workers around the world.

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Court of Delaware Ruled in Smartmatic’s Favor on Several Important Issues | September 12, 2024

A Delaware judge ruled that Smartmatic’s claim against Newsmax for spreading lies about the 2020 election will proceed to trial. The court ruled in Smartmatic’s favor on several important issues, including falsity, and further ruled that the jury will hear arguments that Newsmax acted with reckless disregard for the truth. This ruling could significantly increase the amount of Smartmatic’s claim and Newsmax’s potential financial liability.

“Accordingly, statements regarding Smartmatic software or voting machines altering the results of the election are factually false. Reports and investigations conducted by multiple state and federal agencies since the election universally come to the same conclusion,” wrote Judge Eric Davis of the Superior Court of the State of Delaware in his 57-page decision.

The court’s decision is the latest victory for Smartmatic in the lawsuits it has filed against individuals and media organizations that defamed the company following the 2020 U.S. election.

“Today’s ruling vindicates our position. As we have said before, Newsmax’s own people knew they had no proof that Smartmatic was involved in any type of fraud involving the 2020 election, and yet they continued to peddle that false narrative. Newsmax must be held accountable to the fullest extent under law. We look forward to going to trial and presenting our case,” stated J. Erik Connolly, Smartmatic External Legal Counsel and Managing Chair of the Litigation Group at Benesch Friedlander Coplan & Aronoff LLP.

News Articles:
CNN: In blow to Newsmax, judge rules Smartmatic’s case over 2020 election lies will go to trial this month | September 12, 2024
NBC: Smartmatic’s defamation lawsuit against Newsmax over the 2020 election is headed to trial | September 12, 2024

Fox Corp. Board Members Subpoenaed | June 10, 2024

Smartmatic has subpoenaed four Fox Corporation board members after Judge David B. Cohen ordered Fox earlier this year to turn over relevant documents from the Board, as Smartmatic had requested.

This decision represents a victory for Smartmatic, which has argued that the four board members have relevant information to the case.

“Accountability and responsibility do not stop with Rupert and Lachlan Murdoch. Smartmatic plans to pursue Fox’s board members as well to determine why they allowed the company’s most valuable asset, Fox News, to spread disinformation about the 2020 election,” stated J. Erik Connolly, Smartmatic’s lead attorney on the case and managing chair of the Litigation Group at Benesch Friedlander Coplan & Aronoff LLP.

News Articles:
CNN: Fox board members subpoenaed in Smartmatic’s defamation lawsuit over 2020 election lies | June 12, 2024
The Hill: Smartmatic subpoenas Fox board members in defamation lawsuit | June 11, 2024
Washington Post: Smartmatic seeks to depose four Fox officials as part of 2020 lawsuit | June 11, 2024

Smartmatic Files Motion for Spoliation Sanctions Against Newsmax | May 17, 2024

Smartmatic has filed a motion for spoliation sanctions against Newsmax for its failure to preserve critical evidence and concealing essential documents in the ongoing defamation lawsuit regarding false claims of election fraud.

The motion filed with the Superior Court of the State of Delaware underscores serious allegations that Newsmax allowed individuals to destroy documents after issuing a litigation hold and concealed documents.

“Newsmax’s misconduct goes beyond falsely accusing Smartmatic of rigging the U.S. election; it also attempted to conceal evidence of its actions and failed to follow its own journalistic standards. Smartmatic’s motion details numerous instances of evidence destruction, including incriminating emails and texts from Newsmax executives, indicating intentional spoliation. Due to Newsmax’s deliberate efforts to undermine the judicial process and destroy critical evidence, Smartmatic asks the Court to hold Newsmax accountable with severe sanctions,” said J. Erik Connolly, Smartmatic’s lead attorney on the case and managing chair of the Litigation Group at Benesch Friedlander Coplan & Aronoff LLP.

News Articles:
NBC: Voting machine firm Smartmatic alleges Newsmax has deleted evidence in lawsuit over false vote-rigging claims | May 21, 2024
The Guardian: Newsmax accused of deleting evidence that it was spreading 2020 election lies | May 22, 2024
Law and Crime: Newsmax CEO deleted evidence in defamation case: Smartmatic | May 23, 2024

Fox Motion on “Newsworthiness Claim” Denied by NY Court | June 27, 2023

The courts have denied a request by Fox that the court reconsider its earlier ruling on a “newsworthy reporting” claim. This has been Fox’s main defense claim against liability. Fox had asked the court to reassess its ruling or, as an alternative, to leave open a window for Fox to escalate its motion to NY Court of Appeal. The First Judicial Department of New York state’s Supreme Court Appellate Division declined that request from Fox.

At the beginning of the suit Fox and its co-defendants filed a motion to dismiss the suit entirely based on the “newsworthiness” defense. The court denied this motion. Fox then appealed the decision with the First Judicial Department, which denied it. This new decision rejects the “newsworthiness” argument once again.

“We are pleased with this ruling as it aligns with our case’s core contention that Fox’s actions went far beyond simple news reporting and were, in fact, defamatory,” said J. Erik Connolly, Smartmatic’s lead attorney on the case and managing chair of the Litigation Group at Benesch Friedlander Coplan & Aronoff LLP.

Smartmatic Files Order to Show Cause in Defamation Suit Against Fox Corporation and Fox News Network LLC | April 14, 2023

On April 12, Smartmatic filed an Order to Show Cause with the New York State Supreme Court to compel Fox Corporation and Fox News Network LLC to “reproduce all relevant documents and depositions from the Dominion Actions” as previously directed by the court. As of the filing date, Fox had produced just 6,852 total documents out of the more than 52,500 documents that Fox Corporation turned over to Dominion for its suit.

The filing informs the Court that Fox Corporation “slow-rolled its productions; withheld the most important documents from the most important custodians; produced one deposition transcript; and refused to provide any disclosure in March 2023.” Through the six months the parties had to produce documents, Fox withheld all custodial documents of Fox Corporation’s Chairman Rupert Murdoch and CEO Lachlan Murdoch.

Smartmatic is asking the court to sanction Fox News and Fox Corporation and to compel the immediate production of all testimony of Fox Corporation officers and employees and all 52,500 documents that Fox Corporation produced to Dominion.

Smartmatic Defamation Lawsuit Proceeding After Fox News Appeals Tossed | February 14, 2023

A five-judge panel unanimously found Smartmatic’s legal claims adequate to continue its suit alleging that Fox News, Maria Bartiromo, Lou Dobbs, Jeanine Pirro and Rudy Giuliani either knew that the voting machine conspiracy theories were false — or had serious doubts about their veracity — when they aired. All claims originally brought by Smartmatic against all these defendants are now proceeding.
Smartmatic’s counsel, Erik Connolly, stated, “As detailed in our complaint, Fox News, its news anchors and guests knowingly and falsely published lies that Smartmatic’s election technology and software was widely used in the 2020 election to switch votes—when they knew that Smartmatic’s technology was used only in Los Angeles County and there was no support for making their outrageous claims. Smartmatic has been severely injured and has sued to recover for this harm. We look forward to holding Fox News and the other defendants accountable in court. Smartmatic feels gratified by the decision of the New York appellate court, which has rejected all calls for dismissal by Fox News and its cohorts.”
Read the press release here

News Articles:

AP: Court nixes Fox News’ bid to end voting tech firm’s suit | February 14, 2023
Deadline: Appeals Court Declines To Dismiss Smartmatic Lawsuit Against Fox News | February 14, 2023
Law and Crime: Fox News loses appeal of Smartmatic lawsuit on 2020 election | February 15, 2023

Lindell’s Motion to Dismiss Denied | September 19, 2022

Judge Wilhelmina M. Wright of the US District Court of Minnesota allowed Smartmatic’s lawsuit against Mike Lindell and My Pillow, Inc., to go forward by denying their motions to dismiss. The case will now proceed to the discovery phase. Smartmatic filed the suit for defamation and unfair practices claims on January 18, 2022.
After the 2020 US Presidential election, Lindell embarked on a smear campaign against Smartmatic to garner publicity and, in turn, increase corporate profits. Judge Wright determined that Smartmatic has alleged enough facts to support a claim of reputational harm from Lindell’s statements. She found further that Lindell, the CEO of MyPillow, intentionally promoted MyPillow while allegedly defaming Smartmatic. In particular, Lindell advertised his business through promotional discount codes aired during his live events, which were broadcast and live streamed.

“We are pleased with this ruling and look forward to holding Mr. Lindell and his company responsible for the damage they have done to Smartmatic and democracy. Mr. Lindell continues to spread disinformation and, by doing so, jeopardizes secure and accurate voting in the United States and elsewhere. It must come to an end,” said Smartmatic’s attorney J. Erik Connolly, Managing Chair of the Litigation Practice Group, at Benesch, Friedlander, Coplan & Aronoff, LLP.

News Articles:

Politico: Judge refuses Lindell motion to dismiss suit brought by voting machine company | September 19, 2022
Bloomberg: MyPillow CEO Mike Lindell Ordered to Face Voting-Fraud Defamation Suit | September 19, 2022

Fox News Motion to Dismiss Rejected | July 7, 2022

The New York State Supreme Court allowed the majority Smartmatic’s defamation lawsuits to proceed to the discovery stage.
Justice David Cohen of New York State Supreme Court in Manhattan rejected bids by Fox Corp. (FOXA.O), anchor Maria Bartiromo, and former anchor Lou Dobbs to dismiss Smartmatic’s claims against them. Cohen also said Smartmatic can pursue some claims against lawyer Rudy Giuliani. The court also denied Fox’s motion to stay discovery.

Without ruling on the merits, Cohen found a “substantial basis” for the claim that Fox News “turned a blind eye to a litany of outrageous claims about [Smartmatic], unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth.”

Following the decision, Smartmatic’s lawyer J. Erik Connolly said Fox News caused “catastrophic damage” to his client’s business and reputation. “This lawsuit will help to undo that damage,” he said.

News Articles:

Daily Beast: Judge Lets $2.7B Smartmatic Suit Against Fox News Proceed, Drops Claims Against Jeanine Pirro & Sidney Powell | March 8, 2022
Reuters: Smartmatic can pursue election-rigging claims against Fox News, Giuliani | March 8, 2022

OAN Must Face Smartmatic Defamation Suit | June 21, 2022

A federal judge green lighted Smartmatic’s defamation lawsuit against One America News (OAN), which Smartmatic brought against the network for airing conspiracy theories about the company’s role in the 2020 US presidential election.
“Smartmatic looks forward to starting discovery and pursuing it claims against OAN,” stated Smartmatic’s attorney J. Erik Connolly of law firm Benesch, Friedlander, Coplan & Aronoff, LLP.

News articles:

Business Insider: OAN can’t dodge Smartmatic’s DC lawsuit over election conspiracy theories just because its headquarters is in California, judge rules | June 21, 2022

Court Finds Lindell’s Lawsuits Against Smartmatic Without Merit | May 19, 2022

Federal Judge Carl Nichols, of the United States District Court for the District of Columbia, dismissed a countersuit filed by MyPillow Inc. Chief Executive Officer Mike Lindell against Smartmatic. Lindell’s counter filing followed Smartmatic’s defamation suit against him and his company, which was filed in 2021.
The judge wrote that most of Lindell’s assertions were, “wholly conclusory allegations unsupported by any alleged facts” and did not contain the requisite proof needed for a successful lawsuit.

“Smartmatic filed a series of defamation lawsuits against Mr. Lindell and others because they lied about the 2020 U.S. election. Those lawsuits have merit, and we look forward to litigating those cases. In contrast, as the Court found, Mr. Lindell’s lawsuits against Smartmatic was without merit and a waste of everyone’s time. We are grateful the Court granted our motion to dismiss and motion for sanctions,” stated Smartmatic’s attorney J. Erik Connolly of law firm Benesch, Friedlander, Coplan & Aronoff, LLP.

News articles:

TPM: Judge Sanctions Mike Lindell For ‘Frivolous’ Claims Against | May 19, 2022
Bloomberg Law: MyPillow’s Lindell Sanctioned Over ‘Frivolous’ Election Suit (2) | May 20, 2022
The Hill: Judge sanctions MyPillow CEO Mike Lindell for ‘frivolous’ election lawsuit | May 20, 2022

NY Supreme Court Judge David Cohen rejects Fox’s Motions to Dismiss Smartmatic defamation lawsuit | March 8, 2022

Rejecting Motions to Dismiss filed by Fox Corporation and its co-defendants Lou Dobbs, Maria Bartiromo and Rudy Giuliani, the court cleared the way for Smartmatic’s defamation and disparagement lawsuit to go to the discovery phase.
Read the press release here.

News articles:

Reuters: Smartmatic can pursue election-rigging claims against Fox News, Giuliani | March 8, 2022
The Hill: Portions of Smartmatic lawsuit against Fox News can proceed, judge rules | March 9, 2022
Yahoo! News: New York judge denies Fox News’ motion to dismiss Smartmatic defamation lawsuit against network over 2020 election falsehoods | March 9, 2022

Smartmatic Files Defamation and Unfair Trade Practices Claims Against Michael J. Lindell and My Pillow, Inc. | January 18, 2022

Smartmatic has filed defamation and unfair practices claims against Michael J. Lindell and his company, My Pillow, Inc. (“MyPillow”), for the persistent, deliberate and damaging lies told about Smartmatic and its involvement in the 2020 US Presidential election. The lawsuit was filed in the US District Court in Minnesota.
Read the press release here

Read the full claim against Michael J. Lindell and My Pillow, Inc.

FAQs

News articles:

Newsweek: Smartmatic Sues Mike Lindell, Accusing Him of Spreading Election Lies to Sell More Pillows | January 18, 2022
Yahoo News: Smartmatic sues Mike Lindell for defamation | January 18, 2022
Business Insider: Voting company Smartmatic filed a defamation lawsuit against MyPillow CEO Mike Lindell | January 18, 2022

Smartmatic Files Defamation Claims Against Newsmax and OANN | November 3, 2021

Coming on the one-year anniversary of the 2020 US presidential election, Smartmatic is charging that the defendants knowingly and deliberately disseminated a continuous stream of falsehoods that harmed Smartmatic and negatively impacted the company’s business.

Read the press release here

Read the full claim against OANN here

Read the full claim against Newsmax Media here

FAQs

News articles:

CNN: Smartmatic is now suing Newsmax and OAN for ‘disinformation campaign’ | November 3,2021
Bloomblerg: Smartmatic Sues Newsmax, OAN Over Election-Fraud Claims | November 3, 2021
Reuters: Newsmax, One America News sued by voting technology firm Smartmatic | November 3, 2021
Axios: Smartmatic sues Newsmax and OANN for defamation | November 4, 2021

Smartmatic Defends Its Case Before the New York State Court | August 17, 2021

After the oral argument held virtually with New York State Judge David Cohen, Smartmatic remains confident in the factual and legal underpinnings of its claims against Fox News and co-defendants.

News articles:

CNBC: Judge grills lawyers for Fox News, Powell, Giuliani about election fraud claims in $2.7 billion Smartmatic defamation suit | August 17, 2021
Bloomberg: Fox News Asks N.Y. Judge to Toss $2.7 Billion Election Suit | August 17, 2021
Reuters: Judge questions Fox News bid to shake $2.7 billion Smartmatic election suit | August 17, 2021

Smartmatic Files Opposition Brief Against Motions to Dismiss Lawsuit | April 12, 2021

Smartmatic’s filing sets forth, in detail, the substantial basis that it has for its claims and asks the court to deny the motions. Smartmatic asserts that it has a straightforward case that is in line with black letter law. The totality of Smartmatic’s allegations show the Fox defendants knew their statements were false or demonstrated reckless disregard for the truth.

Read the full brief here

News articles

The New York Times: Smartmatic Says Disinformation on Fox News About the Election Was ‘No Accident.’ | April 12, 2021
Vanity Fair: Smartmatic Calls Bulls–T On Fox’s First Amendment Argument | April 13, 2021

Smartmatic Files $2.7 Billion Defamation Lawsuit Against Fox Corporation | February 4, 2021

“Fox News engaged in a conspiracy to spread disinformation about Smartmatic. They lied, and they did so knowingly and intentionally. Smartmatic seeks to hold them accountable for those lies,” said Smartmatic’s attorney J. Erik Connolly, Vice Chair of the Litigation Practice Group, at Benesch, Friedlander, Coplan & Aronoff, LLP.

Read the press release here

Read the full complaint here

News articles

Insider: Election-Technology Company Smartmatic Files $2.7 Billion Lawsuit Against Fox News Over Election Conspiracy Theories | February 4, 2021
CNBC: Dominion and Smartmatic Have Serious Shot at Victory in Election Disinformation Suits, Experts Say | February 24, 2021

Smartmatic Demands Justice with Retraction Demand Letters | December 14, 2020

Smartmatic issued legal notices and retraction demand letters to Fox News, Newsmax and OANN for publishing false and defamatory statements. The demand letters identify dozens of factually inaccurate statements made by each of the organizations as part of a “disinformation campaign” to injure Smartmatic and discredit the 2020 U.S. election.

Read the press release here

News articles

AP: Company Targeted by Vote Fraud Claims Strikes Back at Trump | December 14, 2020
The New York Times: The ‘Red Slime’ Lawsuit That Could Sink Right-Wing Media | December 20, 2020

Smartmatic Fact-Check

Smartmatic’s credibility is our most important asset. To be trusted partners to governments and election management bodies, we need to be transparent and forthright. Here are the facts about our company and our history—no spin, no polish.

Our Role in the US 2020 & 2024 Elections

Smartmatic technology was only used in Los Angeles County, California, in the 2020 election. The system we provided to LA County does not count, tabulate, or store votes.

In 2024, Smartmatic technology is also being used only in Los Angeles County, California, for the primaries in March and for the US presidential elections in November. It is the same system deployed in 2020 that does not count, tabulate, or store votes.

Smartmatic did not and does not provide any hardware, software, or services to Georgia, Michigan, Wisconsin, Pennsylvania, or Arizona during the 2020 and 2024 US elections, nor do we supply any other voting technology servicing those states.

There are no ties between Dominion Voting Systems and Smartmatic—plain and simple. No ownership ties, no software leasing, no business at all between them. In 2009, more than a decade ago, Smartmatic licensed scanning machines from Dominion for use in the Philippines for a Smartmatic election project.

Our Company History, Ownership, and Products

Smartmatic’s software was developed by our own engineers to do three things: accurately process votes, keep them secure, and facilitate audits. That’s it. There is no other agenda. Our technology has been proven in audited elections for 20 years.

Smartmatic election technologies and services have been authenticated by independent third-party validators, including the US Election Assistance Commission, the State of California, PriceWaterhouseCoopers, Pro V&V, and SLI Global. They have also been validated by world-renowned institutions such as the Carter Center, the United Nations, the Organization of American States, and the European Union.

Smartmatic has no ties to governments or political parties. Governments and election management bodies are clients with whom we do business—just like any other commercial entity. We do not have any alliances or relationships with any politician, political party, PAC, or government.

Smartmatic’s founders and employees adhere to a strict ethics code that, among other things, prohibits them from making political donations.

Smartmatic does not have any ties to any national leader, living or dead, in the US or any other country.

The majority of company shares are held by the founders’ families, the Mugica and Piñate families. The remaining shares (less than 20%) are held by employees and investors. Antonio Mugica has been Smartmatic’s CEO since its beginnings.

George Soros has no ownership interest in Smartmatic, nor is he an investor. He’s not on the Board or otherwise employed by Smartmatic. He never has been. That’s been proven time and again.

The founders of Smartmatic were born in Venezuela. However, the company was founded in Boca Raton, Florida, in 2000 and still maintains its US base there. Tesla, Procter & Gamble, Kohl’s, TJ Maxx, Houzz.com, Google, and many other American companies were founded by people born outside the US. A US company is still a US company, regardless of where its founders or shareholders happened to be born.

Smartmatic has only owned one election company in the US, Sequoia Voting Systems. Smartmatic sold the company in 2007 to Sequoia’s management team. More than three years later, Sequoia was bought by Dominion Voting Systems. Smartmatic had no part in Sequoia’s acquisition by Dominion.

Smartmatic does not have any operations in Venezuela. We did election projects in Venezuela from 2004 to 2017, and Smartmatic’s equipment, software, and people all performed successfully every time. In 2017, our technology helped prove that the government was reporting false turnout numbers, so we blew the whistle on them and stopped doing business there at that time.

Smartmatic has never sold any voting machines in Myanmar, Bolivia, Nicaragua, or Spain. The countries where we have deployed technology and services can be reviewed on the homepage or our experience page of our website.