
Our action partner SMART Legislation filed a lawsuit, challenging the results of the 2024 election and requesting a recount of the Presidential & Senate races
in Rockland County, New York.
On December 5, 2024 - 30 days after the November General Election, we filed a request for a full hand recount in Rockland County, based on affidavit evidence that the Senate race was incorrect and statistical indications that the presidential votes were incorrect.
After almost a year of considering the issues, on November 24th, 2025, the judge issued a decision that we do not have standing and that the case is dismissed.
We do not have standing, according to the order, because the candidate that we filed the case with, along with two other voters who supported her, left the case.
We strongly believe that they were intimidated into leaving the case.
Based on new information of possible insider corruption at the Rockland County Board of Elections, we have filed an appeal in the case.
We are continuing to raise funds for other projects & lawsuits, especially #CountTheVote: our Election Verification Program to protect future elections. Please make a donation today. We are tremendously grateful for your support, and it is tax deductible, as we are a 501(c)3.
Our goal is to raise $200,000 by mid-January to protect the midterms and file more litigation.
We learned a lot from this case. Many of the documents that Rockland County Board of Elections provided showed serious security vulnerabilities and discrepancies - further illustrating the need for more transparency and better oversight of our elections, something that we continue to work toward. We are continuing to explore the latest discovery documents that we received.
Court documents are online here and many are also on our Lawsuits page.

Our team has been working to improve U.S. elections for decades, so we know the challenges. Our experience means we have real solutions that work, including:
Every dollar you donate helps us to plan, execute and fund our programs, our educational materials and our lawsuits. We raised over $175,000 for our Rockland County lawsuit.
Now we are fundraising for #CountTheVote: the most comprehensive, nonpartisan, data-based election protection program in U.S. history .
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 phenomenal start!
We're a 501(c)3 nonprofit.
All donations are tax-deductible.
Thank you so much!!
We raised $7,859, matching the $6,000 that was put on the table by a generous donor. This will allow us to immediately hire an organizer, something we truly need.
We welcome your continued donations. Ultimately we believe we have to raise $500,000 to protect the 2026 midterms.
We are immensely grateful for all that you are doing and for your continued support.

In the graph above, we show: as turnout increases, Behn, the Democratic candidate sees her vote share go down sharply. As the turnout increases, Van Epps, the Republican candidate sees his vote share increase sharply. This is most pronounced on Election Day voting. The pattern does not appear in mail-in voting.
Because the slopes are so steep, show such a strong correlation to turnout, and progress in a mathematically sequential pattern, there is the possibility that this is a vote changing algorithm, programming how the votes are counted in the voting machines, the election management system, or the election night reporting software.
Major Security Problems Revealed
Whether you've followed our work or not, you may be aware that there are serious concerns about the security and accuracy of U.S. elections.
We don't want to wonder if election results are accurate.
We want to be sure.
That's why we're rolling out the most comprehensive, nonpartisan, data-based election verification program in U.S. history.
Our process, tested in pilot progrms for 6 years, involves training local advocates in nonpartisan election verification techniques that include:
#CountTheVote
The elections are over now, so we are focused on creating reports about what we observed.
In this election cycle, we observed polling place activities for these elections:
We also observed audits in NY & CA.
In New York in particular we observed some very troubling issues, including multiple discrepancy reports and a fake hand-count audit.
In the 2026 midterms, we'll focus on close Congressional races.
If you want to observer the midterms, make sure to sign up and get the training so we an all be ready!
You can make the difference.

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?
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!
Visit our partner SMART Legislation's website. They are fighting for legislation to protect the right to mark a ballot by hand.
More info on the ExpressVote XL on our website.
Watch Our Forum on the ExpressVote XL on YouTube.
We give you the full story about this voting machine, the timeline, and what you can do to help stop this trainwreck.
Join us - and get involved. It's urgent and it matters. Remember that New York Congressional elections helped determine the balance of power in the House in 2024.
TO GET INVOLVED:
Join the nonparisan SMART Legislation weekly Friday Action Meetings at 12pm ET most weeks. We work on legislation and lawsuits to protect elections.
Thanks to all the amazing people who collaborate with us.
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.
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!
"We’re doing it wrong. We’ve structured our elections incorrectly — from the beginning — and naturally we’re having some very serious problems.."