November 5th 2024.
A Denver judge was faced with a difficult decision on Monday evening as a lawsuit was presented to her demanding that more than half of Colorado's counties conduct a hand-count of ballots. The request stemmed from an accidental leak of voting equipment passwords that had caused widespread concern in the final 24 hours leading up to the election.
The District Court Judge, Kandace Gerdes, listened to four hours of testimony from both sides in the hearing, which was initiated by the Libertarian Party of Colorado. The leak had been brought to light by both the state Republican Party and the Secretary of State, Jena Griswold, a Democrat, in separate reports last week.
The lawyer representing the Libertarian Party argued that the leaked information, which was discovered by a prominent election denier, had compromised the integrity of the election. The suit also called for the affected election equipment to be destroyed.
Meanwhile, Secretary of State Griswold announced that her office would be hiring a reputable law firm to conduct an external investigation into how the sensitive information ended up being posted on her office's website for months before it was discovered, hidden in a spreadsheet.
In court, attorneys representing Griswold argued that the leaked passwords were not enough to compromise the security of the voting systems and that the Libertarian's request would cause chaos for election officials as they prepared for the polls to close on Tuesday at 7 p.m. Griswold's office had previously stated that the passwords were not enough to access the equipment and that additional passwords, not included in the leaked spreadsheet, were required.
No evidence was presented in the hearing to suggest that any voting systems had been compromised or improperly accessed. First Deputy Attorney General, LeeAnn Morrill, dismissed claims of such actions as mere speculation and fear mongering.
The release of the passwords caused an immediate backlash against Griswold last week. Regardless of the outcome of the Libertarian's lawsuit, other election officials were bracing for potential lawsuits and consequences following the breach, which occurred just days before a highly contentious presidential election.
Matt Crane, the executive director of the Colorado County Clerks Association, revealed that some Colorado Republican officials were already planning to challenge the certification of ballots in the state. As a Republican himself and former Arapahoe County clerk, Crane acknowledged the validity of concerns regarding the leaked information, but believed that it had been contained. He also acknowledged that bad actors will always try to exploit any vulnerabilities.
Secretary of State Griswold expressed regret over the leak and the way in which county clerks learned about it through the media rather than from her office. She assured the public that all of the passwords had been changed and that the state's elections remained secure. She also confirmed that the staff member responsible for creating the spreadsheet had left their job before the leak was discovered.
Griswold also announced that her office would be contracting with a law firm to conduct an external investigation into the incident. She explained that the steps taken to address the issue were done so carefully and thoughtfully in a climate of threats and disinformation. The timeline for the investigation is still being determined.
The court hearing also heard from Shawn Smith, a retired Air Force officer who discovered the passwords while reviewing the spreadsheet on October 24. In his affidavit, Smith stated that he had accessed the spreadsheet multiple times in the past few months, but it is unclear when he discovered the presence of the passwords. In February 2022, Smith baselessly claimed that Secretary of State Griswold had committed election crimes and that anyone involved in election fraud should be executed.
It remains unclear how the state Republican Party became aware of Smith's claims. It was revealed in court that attorney John Case had contacted Smith to prepare an affidavit about his findings, but it is unknown how Case learned about the incident. The staff member who created the spreadsheet had already left their job before the leak was discovered.
Secretary of State Griswold's office had learned about the leak on October 24 from a voting machines vendor, but did not inform the public or county clerks until after it was announced by the Colorado GOP. Griswold expressed regret over the way in which the situation was handled and assured the public that the necessary steps had been taken to secure the state's elections.
A Denver judge was presented with a lawsuit on Monday night that sought to address the accidental leak of voting equipment passwords and the potential impact it could have on the upcoming election. The lawsuit, filed by the Libertarian Party of Colorado, argued that the leak could potentially compromise the integrity of the election and requested the immediate hand-counting of ballots in over half of the state's counties.
After hearing four hours of testimony from both sides, District Court Judge Kandace Gerdes decided to not make an immediate ruling. The leak, which was reported separately by the state's Republican Party and Democratic Secretary of State Jena Griswold, was discovered by a prominent figure known for denying the results of the 2020 election. The Libertarian Party's lawyer argued that the leak was a significant breach and also requested that any affected election equipment be destroyed.
In response to the leak, Griswold announced that she would be hiring a reputable law firm to conduct an outside investigation into how the information was posted on her office's website. The passwords were found in a hidden tab on a spreadsheet and had been available for months before they were discovered. Griswold's office has stated that the passwords alone would not be enough to compromise the voting systems, as additional passwords were needed and physical access to the equipment was also required.
During the hearing, attorneys representing Griswold argued that the passwords did not pose a significant threat and that the Libertarian Party's request would cause chaos for election officials as they prepared for polls to close on Tuesday at 7 p.m. There was no evidence presented during the hearing to suggest that any voting systems had been compromised due to the leak. First Deputy Attorney General LeeAnn Morrill dismissed any claims of improper access as fear-mongering and speculation.
The leak, which was made public last week, immediately sparked controversy and criticism towards Griswold. Even with the outcome of the Libertarian Party's lawsuit, other election officials are preparing for potential litigation and consequences as a result of the leaked passwords. Matt Crane, the executive director of the Colorado County Clerks Association and a Republican, shared that some members of the state's Republican Party were already planning to challenge the certification of ballots.
Despite the seriousness of the leak, Griswold referred to it as "regrettable" and stated that her office took swift and thorough measures to address the issue. The passwords have since been changed and the state's elections are still secure. Griswold also acknowledged that the release of the passwords and the fact that county clerks learned about it through the media, rather than from her office, was a mistake.
It was revealed during the hearing that the spreadsheet containing the passwords was posted on the secretary of state's website on June 21 and was not discovered until October 24. A retired Air Force officer, Shawn Smith, testified that he had accessed the spreadsheet multiple times, but it is unclear when he first discovered the passwords. In February 2022, Smith made baseless claims about election fraud and called for those involved to be executed.
The state's Republican Party, led by chairman Dave Williams, was made aware of the leak through attorney John Case, who contacted Smith for an affidavit about his findings. It is unknown how Case knew to contact Smith. Griswold's office did not alert the public or county clerks about the leak until after it was announced by the Colorado GOP. Griswold expressed regret over the way the situation was handled and confirmed that the staff member responsible for creating the spreadsheet had left their job before the leak was discovered.
Griswold's office has now hired a law firm to conduct an external investigation into the incident and determine what happened. The timeline for the investigation is still being determined. In the meantime, election officials are reviewing security footage to see if they can identify who accessed the spreadsheet and how the passwords were leaked. Griswold remains confident in the security measures in place and is committed to ensuring a fair and accurate election.
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