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Fact check: What are the main allegations in the Rockland County NY lawsuit?

Checked on October 27, 2025

Executive Summary

The Rockland County lawsuit filed by SMART Legislation alleges a pattern of voting discrepancies and statistical anomalies in the 2024 Presidential and U.S. Senate results and seeks a full hand recount and discovery into machines, ballots, and procedures. Plaintiffs point to affidavits from voters, bloc voting patterns where some districts show votes for Senate candidates but none for the Democratic presidential ticket, and unverified claims that machines were altered before voting; a judge allowed discovery to proceed, treating the claims as sufficiently serious to investigate further [1] [2] [3].

1. Allegations That Demand a Manual Recount — What Plaintiffs Say and Ask For

The complaint seeks a full, hand recount of ballots for both the Presidential and U.S. Senate contests in Rockland County and requests documents on voting machines, voter rolls, chain-of-custody records, and security protocols to probe alleged irregularities. Plaintiffs argue that a hand count is necessary because electronic tallies display anomalies that cannot be resolved by routine audits, and they explicitly ask the court to compel disclosure of machine configurations and pre-election testing to assess whether ballots were properly recorded and tabulated [2] [4].

2. Voter Affidavits and Missing Votes — The Individual-Level Claims

Plaintiffs submitted affidavits from voters who assert they voted for independent Senate candidate Diane Sare or other candidates but later found no corresponding votes in the official tallies, which the lawsuit uses to claim specific instances of uncounted ballots. These affidavits are cited as concrete examples intended to show that the irregularities are not merely statistical artifacts but include individual-level discrepancies that, if corroborated, would warrant remedial action such as recounts or forensic audits of ballots and equipment [1] [3].

3. Statistical Red Flags — Bloc Voting and Unrealistic Patterns

The lawsuit highlights statistical anomalies, including districts where voters reported choosing Democratic Senate candidates in substantial numbers while registering zero or near-zero votes for the Democratic presidential candidate, a pattern characterized in filings as improbable and suggestive of tabulation errors or other irregularities. Experts cited by plaintiffs describe these patterns as “highly unlikely,” and the complaint argues that such anomalies cannot be explained by normal voting behavior without further inquiry and access to the underlying data [3].

4. Allegations about Equipment Tampering — Claims Lacking Public Confirmation

Plaintiffs allege that voting machines may have been secretly altered before ballots were cast, a claim that forms part of the justification for the requested discovery and recount, but reporting indicates these specific assertions remain unconfirmed in the public record. The filings seek machine logs, maintenance records, and physical custody trails to either substantiate or refute the tampering allegation; a court’s authorization of discovery reflects that the judge found the allegation sufficient to merit further factual investigation rather than immediate dismissal [2] [1].

5. Court Response and Procedural Posture — Discovery Moves Forward

A Rockland County judge ruled that the complaint’s allegations are serious enough to allow discovery, meaning plaintiffs can now demand documentation and custodial evidence from election officials to support their claims or allow defendants to rebut them. This procedural step does not adjudicate guilt or validate the findings but opens the fact-finding process, moving the dispute from allegation to evidentiary examination, where audits, expert analyses, and documentary proof will determine whether the claimed discrepancies have an explanation [1] [4].

6. Competing Explanations and Context Omitted by Plaintiffs

Reporting and expert commentary included in the complaint’s coverage note alternative explanations for bloc-like patterns—such as ballot roll-off, straight-ticket behavior, undervotes, or localized voting practices—which can produce uneven distributions between down-ballot and top-ticket vote totals without indicating fraud. The plaintiffs’ filings focus on improbability metrics and select affidavits; the record so far lacks comprehensive counter-evidence from election officials or independent audits addressing these plausible mechanisms, which is precisely why discovery has been allowed to probe the full context [3].

7. What to Expect Next — Evidence, Audits, and the Threshold for Relief

The immediate next phase is discovery: obtaining machine logs, chain-of-custody records, and ballots for potential hand recounts or forensic analyses, after which experts will test competing hypotheses—administrative error, statistical naturalness, or tampering. Courts will evaluate whether the evidence meets the legal threshold for remedies such as a full recount or certification changes; discovery does not presage a final ruling, but it does mark a transition from allegation to evidentiary testing that could either substantiate the plaintiffs’ claims or explain the anomalies as non-actionable [4] [1].

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