Days before the United States midterm elections, the Potter County Republican Party and its chairman, Daniel Rogers, filed a federal lawsuit asking a judge to block certification of Texas's election results until every ballot in every precinct is hand-counted, citing the risk of interference by artificial intelligence or "malicious actors."
Several polls show Democrat James Talarico narrowly leading Republican Ken Paxton in Texas's US Senate race, a contest that could decide which party controls the chamber after November 3.
The plaintiffs allege voting machines contain components manufactured in China that could be manipulated. "If a component is tampered with during manufacturing, it could serve as a point of entry for unlawful and malfeasance hackers, allowing for the possibility of synchronized attacks across multiple election machines and jurisdictions," the lawsuit read.
The complaint does not specify whether any voting machines in Potter County or elsewhere in Texas have been compromised, and the plaintiffs acknowledged that no previous election in the county was “altered” by a third party. They wrote that “the real likelihood of a clever and undetected hack by recently developed AI programs, which conceal their activity to avoid detection, reinforces the need for a full verification based on hand-counting of all paper records or ballots in all Texas precincts, prior to certification of the federal results.”
Texas law already requires hand-count audits in elections where electronic tabulators are used, but the plaintiffs argue that does not go far enough. "The paper record or ballot provides an independent verification mechanism only if election officials actually compare a complete hand count of all of the paper records or ballots," the filing said.
The lawsuit also claims United States adversaries, such as China, Iran and Russia, are capable of accessing election systems. The Talarico and Paxton campaigns and the Potter County Republican Party did not immediately respond to requests for comment from Al Jazeera, and Alicia Pierce, a spokeswoman for Texas's Secretary of State, whose office administers elections in the state, said it "does not plan to comment on the lawsuit at this time".
The filing follows a separate move last week in which the US Department of Justice sought to block certification of an Alaska election, arguing an independent candidate with the same name as the state's Republican senator was running to mislead voters.
Analysis
Why This Matters
- The request, if granted, would prevent or delay certification of Texas results in a Senate race that polls show is close and could decide control of the Senate.
- The case rests on the possibility of AI or foreign interference; the plaintiffs acknowledge no previous election in the county was altered and name no compromised machines.
- It follows a separate certification challenge by the Justice Department in Alaska.
Background
United States midterm elections are set for 3 November, with control of Congress at stake. In Texas, the Senate race between Democrat James Talarico and Republican Ken Paxton is among the closest contests, according to several polls. Certification is the formal step by which election officials accept results after counting, and Texas law already requires hand-count audits where electronic tabulators are used. The plaintiffs want a complete hand count of every ballot before certification.
What to Watch
- Whether the federal judge grants the request for an injunction or a full hand count before certification.
- Whether the plaintiffs produce evidence that any voting machine was tampered with; the complaint so far identifies none.
- The response of the Texas Secretary of State's office, which administers elections and has said it does not plan to comment at this time.
Checked
12 claims in this story checked against 1 source: 12 supported.
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- SupportedThe Potter County Republican Party and chairman Daniel Rogers asked a federal judge to stop certification of Texas’s upcoming election results, citing possible AI or “malicious actors” interference.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “In a lawsuit filed on Tuesday, the Potter County Republican Party and its chairman, Daniel Rogers, claim potential election interference by artificial intelligence (AI) or “malicious actors””
- SupportedThe plaintiffs seek a hand count of every ballot from every precinct before election certification.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The plaintiffs, who are asking for a hand count of every ballot from every precinct in the state before election certification happens”
- SupportedThe complaint does not specify whether any voting machines in Potter County or elsewhere in Texas have been compromised.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The legal complaint does not specify if any voting machines in Potter County, or elsewhere in Texas, have been compromised.”
- SupportedThe lawsuit says a manufacturing-tampered component could enable hackers to launch synchronized attacks across election machines and jurisdictions.Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““If a component is tampered with during manufacturing, it could serve as a point of entry for unlawful and malfeasance hackers, allowing for the possibility of synchronized attacks across multiple election machines and jurisdictions,” the lawsuit read.”
- SupportedSeveral polls show James Talarico narrowly leading Ken Paxton in the Texas US Senate race, which could decide which party controls the chamber after November 3.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The legal challenge comes as several polls show Democrat James Talarico narrowly leading his Republican challenger, Ken Paxton, in Texas’ all-important US Senate race that could ultimately decide which party controls the chamber after November 3.”
- SupportedThe plaintiffs allege voting machines contain components made in China that could allow the machines to be manipulated.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The plaintiffs, who are asking for a hand count of every ballot from every precinct in the state before election certification happens, allege voting machines have components inside made by China that would allow them to be manipulated.”
- SupportedThe plaintiffs acknowledged that no previous election in Potter County was “altered” by a third party.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The plaintiffs acknowledged in their filing that no previous election in the county was “altered” by a third party”
- SupportedThe plaintiffs wrote that the possibility of an undetected hack by recently developed AI programs reinforces the need for a full hand-count verification before certification of federal results.Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““The real likelihood of a clever and undetected hack by recently developed AI programs, which conceal their activity to avoid detection, reinforces the need for a full verification based on hand-counting of all paper records or ballots in all Texas precincts, prior to certification of the federal results,””
- SupportedTexas law requires hand-count audits in elections where electronic tabulators are used.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “State law in Texas already requires hand-count audits in elections where electronic tabulators are used.”
- SupportedThe filing says a paper record provides independent verification only if officials compare a complete hand count of all paper records or ballots.Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““The paper record or ballot provides an independent verification mechanism only if election officials actually compare a complete hand count of all of the paper records or ballots,” the filing said.”
- SupportedThe lawsuit claims US adversaries including China, Iran and Russia are capable of accessing election systems.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The lawsuit also claims US “adversaries”, such as China, Iran and Russia, are capable of accessing election systems.”
- SupportedAlicia Pierce, a spokeswoman for Texas’s Secretary of State, said the office “does not plan to comment on the lawsuit at this time”.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “Alicia Pierce, a spokeswoman for Texas’s Secretary of State, whose office administers elections in the state, said it “does not plan to comment on the lawsuit at this time”.”