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SMART Legislation is the action arm of SMART Elections.
2024 Election Results Under Scrutiny as Lawsuit Advances
Published Jun 10, 2025 at 10:39 AM EDT | Updated Jun 10, 2025 at 4:33 PM EDT
A legal case questioning the accuracy of the 2024 election is moving forward. The lawsuit, brought by SMART Legislation, the action arm of SMART Elections, a nonpartisan watchdog group, filed the lawsuit over voting discrepancies in Rockland County, New York. Judge Rachel Tanguay of the New York Supreme Court ruled in open court in May that the allegations were serious enough for discovery to proceed.
Newsweek has contacted SMART Elections for comment via email.
What To Know
According to the complaint, more voters have sworn in legal affidavits that they voted for independent U.S. Senate candidate Diane Sare than the Rockland County Board of Elections counted and certified, contradicting those results. The complaint also cited numerous statistical anomalies in the presidential election results.
They include multiple districts where hundreds of voters chose the Democratic candidate Kirsten Gillibrand for Senate, but none voted for former Vice President Kamala Harris, the Democratic candidate for president.
Max Bonamente, a professor of physics and astronomy at the University of Alabama in Huntsville and the author of the Statistics and Analysis of Scientific Data, said in a paper that the 2024 presidential election results were statistically highly unlikely in four of the five towns in Rockland County when compared with 2020 results....'
What People Are Saying
Lulu Friesdat, the founder and executive director of SMART Legislation, said in a statement: "There is clear evidence that the Senate results are incorrect, and there are statistical indications that the presidential results are highly unlikely.
"If the results are incorrect, it is a violation of the constitutional rights of each person who voted in the 2024 Rockland County general election. The best way to determine if the results are correct is to examine the paper ballots in a full public, transparent hand recount of all presidential and Senate ballots in Rockland County. We believe it's vitally important, especially in the current environment, to be absolutely confident about the results of the election."
Max Bonamente said in a paper on the voting data from Rockland County: "These data would require extreme sociological or political causes for their explanation, and would benefit from further assurances as to their fidelity."
What's Next
The lawsuit is seeking a full, hand recount of ballots cast in the presidential and U.S. Senate races in Rockland County. A hearing has been scheduled for September 22.
We're in this with you
We Know You Care As Much As We Do
Our team has been working to improve U.S. elections for decades, so we know the challenges.
Because of that experience, we have solutions and we are working every day to implement them.
These solutions include:
- Documenting and challenging election corruption when we see it.
- Nonpartisan election protection programs run by local voters in their own communities
- Through our partner org SMART Legislation - changing laws where necessary for more secure, more accurate elections.
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Every dollar you donate helps us to plan, execute and fund our programs, our educational materials and our lawsuits.
Our fundraising drive is on track to reach $100,000 in 4 months. We are surpassing out goal of $895/day. Please continue to share about this with your friends, families, networks, & influencers. We have a long way to go, but we're off to a good start!
We are immensely grateful for all that you are doing and for your continued support.
stop the expressvote xl
What's Happening with NY Voting?
New York elections are at a dangerous crossroads. New types of voting machines, called “all-in-one” and “universal-use”, are attempting to flood the state. After a four-year battle against it, a new All-in-One voting machine called the ExpressVote XL was approved on 8/2/23 by the NY State Board of Elections.
These systems do not allow you to vote with a pen and paper. They will radically change the way we vote. Experts say they will increase costs, and wait times, especially in communities of color. Experts say: elections conducted on these systems cannot be confirmed by audits
The ExpressVote XL also wraps your vote in a barcode. The barcode is what's counted, not the text you see. There is no way for you to verify who you are voting for. In 2023 in Northampton County, PA the ExpressVote XL printed different candidates on the summary card than the ones that voters selected. But the machine did not count the vote it showed on paper. It scanned a barcode and actually counted the vote for the opposite candidate of what was on the paper.
What does this demonstrate?
- The ExpressVote XL can flip votes.
- The ExpressVote XL can count the vote for a different candidate than what is on the paper summary card.
New Yorkers have been voting with either a pen and paper or a ballot-marking device for over 10 years. That system works. Voters can vote in the way that they prefer.
Yet despite all the warnings about these voting machines Erie, Monroe and Orange Counties are purchasing them. Suffolk County seems to be moving forward with a purchase as well.
Albany Times Union Editorial against ExpressVote XL.
Albany Times Union article explaining the unfortunate spread of the voting machine across the state.
Please make a tax-deductible donation to help fund a lawsuit to stop the ExpressVote XL in any counties that have purchased it.
We are immensely grateful for your support!
Learn More
Visit our partner SMART Legislation's website. They are fighting for legislation to protect the right to mark a ballot by hand.
Join the SMART Legislation weekly Friday meetings at 12pm ET. We work on legislation and lawsuits there to protect elections. This meeting is New York focused.
Watch Our Forum on the ExpressVote XL
We give you the full story about this voting machine, the timeline, and what you can do to help stop this trainwreck. Remember that New York Congressional elections helped determine the balance of power in the House in 2022. Join us - and get involved. It's urgent and it matters!
Press Release — APnews.com 8:01 AM EDT, May 29, 2025
NEW CITY, NY / ACCESS Newswire / May 29, 2025 / A seminal case questioning the accuracy of the 2024 Presidential and Senate election results in Rockland County, New York, is moving forward. In open court last Thursday, Judge Rachel Tanguay of the New York Supreme Court, ruled that discovery must proceed, pushing the lawsuit brought by SMART Legislation into the evidence-gathering stage. The lawsuit seeks a full hand recount of the Presidential and U.S. Senate races in Rockland County.
SMART Legislation, the action arm of SMART Elections, is the lead plaintiff in the case. Both organizations are dedicated to ensuring fair and accurate elections.
“There is clear evidence that the senate results are incorrect, and there are statistical indications that the presidential results are highly unlikely,” stated Lulu Friesdat, Founder and Executive Director of SMART Legislation. “If the results are incorrect, it is a violation of the constitutional rights of each person who voted in the 2024 Rockland County general election. The best way to determine if the results are correct is to examine the paper ballots in a full public, transparent hand recount of all presidential and senate ballots in Rockland County. We believe it’s vitally important, especially in the current environment, to be absolutely confident about the results of the election.”
As stated in the complaint, more voters have sworn they voted for independent U.S. Senate candidate Diane Sare than the Rockland County Board of Elections counted and certified, directly contradicting those results. Additionally, the presidential election results exhibit numerous statistical anomalies. The anomalies in the presidential race include multiple districts where hundreds of voters chose the Democratic candidate Kirsten Gillibrand for Senate, but where zero voters selected the Democratic Presidential candidate Kamala Harris....
2024 ELECTION - DROP-OFF ANALYSIS
MULTI-STATE ANALYSIS
WHAT IS DROP-OFF? Drop-off is not a formal term, as far as we know. It refers to the difference between the votes for the President and the next down-ballot race. For this study, we calculated the drop-off, for the 2024 presidential election, both in raw numbers and in percentages for each major party (Democratic and Republican) for 17 states.
You can read more about the analysis on our original Substack post on this topic. Please subscribe and join the conversation.
There is an overview below that shows the differences in drop-off between the six swing and eleven non-swing states that were included in this data set.
Drop-off bar charts and full analysis by county are available for each state that is included in the study. Feel free to explore them. We welcome you comments on the Substack, or via DM there.
What did we find in this study?
There are often many more votes for the Republican presidential candidate (Trump) than for the Republican Senate candidate (or major down-ballot race).
Especially in the swing states, we did not find this on the Democratic side.
Instead, on the Democratic side, we find an opposite phenomenon. There are a large number of votes for the Democratic Senate candidate (or major down-ballot race) where there is no vote for the Democratic presidential candidate (Harris).
We love for you to share our data & graphics!
Please link to our website and say:
Graphics & Analysis by the SMART Elections Data Team.
All rights reserved. ©2025 SMARTelections.us #SEDATA.
That allows people to know the source of the data, have more confidence in it, and gives them the opportunity to connect with us & get involved in improving our elections.
If you are using our materials for other public analysis or broadcast, including YouTube, you must contact us for permission at SMARTelectionsAct@gmail.com. Thank you.
Please subscribe to our Substack for more information about this project and others.
Thank you for protecting your vote!
Analysis by SMART Elections Data Team
All rights reserved. © 2024 SMARTelections.us #SEDATA
Lulu Speaks on TEDx Stage About Bipartisan Voting Reform
"We’re doing it wrong. We’ve structured our elections incorrectly — from the beginning — and naturally we’re having some very serious problems.."
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