Lawyer says Dominion vote-flip in Michigan was due to software, not 'human error'

Disputes Secretary of State's version of events.

Published: December 12, 2020 3:44pm

Updated: December 17, 2020 8:27am

A lawyer says Michigan’s explanation of a voting controversy in Antrim County is false, and that a misallocation of votes seen on Election Day was not due to human error but to a malfunction of widely-used voting software. 

Antrim County, Mich., made headlines last month when the reliably red county unexpectedly flipped blue in favor of Joe Biden. Following investigations into the upset, the state claimed that a staffer had failed to update the county's Dominion Voting Systems software, leading to thousands of votes for Trump being mistakenly flipped in favor of Biden. 

Yet Matthew DePerno, a Michigan lawyer representing an Antrim County resident in a suit against the county, said this week that investigations have indicated that the glitch was explicitly software-related and not tied to human error. 

"Secretary of State Jocelyn Benson said it happened by human error," he said on Newsmax on Friday. "We discovered that's not true, that's a lie. It didn't happen by human error. It happened by a computer program called Dominion Voting System[s]."

He claimed a team of experts has been "running analysis through [the] forensic image" of the tabulation machine since last week. 

The results of the forensic investigation into Dominion's machines are currently under a protective order. DePerno has asked for that order to be lifted. Circuit Judge Kevin Elsenheimer will address that request at a Monday hearing.

The Michigan secretary of state's office did not immediately return requests for comment on Saturday. DePerno also did not immediately respond to an email and text message. 

Dominion Voting Systems is widely used throughout Michigan and a majority of U.S. states. 

Jenna Ellis, a senior legal adviser to President Trump's 2020 campaign, said the campaign is watching the controversy. 

"Like all Americans interested in election integrity, we look forward to when the results of the forensic audit may be shared with the public," she told Just the News. 

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