Judge orders discovery in 2024 election challenge lawsuit

Judge Rachel Tanguay of the New York Supreme Court scheduled a hearing for Sep. 22, 2025 in Rockland County to consider 🏛️SMART Elections’ lawsuit challenging the 2024 general election results.

In Ramapo District 35, official returns show 331 votes for Senator Kirsten Gillibrand and zero votes for Vice Presidential candidate Kamala Harris—a pattern at odds with normal voting behavior.

University of Alabama professor Max Bonamente’s statistical analysis found a –9% drop-off rate between Senate and presidential votes in Rockland County, compared to a typical 1–2% drop-off rate nationwide.

In District 39, nine voters filed sworn affidavits saying they voted for independent Senate candidate Diane Sare, but the Board of Elections recorded only five votes—a nearly 50% shortfall.

SMART Legislation (the action arm of SMART Elections) is the lead plaintiff seeking a full public, transparent hand recount of all 2024 presidential and U.S. Senate ballots cast in Rockland County.

The ES&S voting equipment used in Rockland County is deployed in approximately 40% of U.S. jurisdictions, raising concerns about similar machine-counting errors elsewhere.

The court’s discovery phase empowers plaintiffs to request election documents and depose election commissioners and staff to investigate alleged discrepancies.

The Rockland County Board of Elections moved to dismiss the case, but Judge Tanguay denied that motion and allowed discovery to proceed.