Smartmatic's defamation lawsuit against Newsmax over the 2020 election is headed to trial

A Delaware judge agreed to send another 2020 election defamation case to trial Thursday, ruling that the Newsmax Media published false claims saying Smartmatic voting machines rigged the 2020 election.

A jury will soon decide whether the network defamed the voting machine company — that is, whether it published those claims with actual malice or reckless disregard for truth and damaged the company — and whether damages are due.

“The jury must determine if Newsmax was doing what media organizations typically do — inform the public of newsworthy events — or did Newsmax purposely avoid the truth and defame Smartmatic,” Judge Eric Davis wrote in a 57-page ruling.

The trial is scheduled to begin Sept. 30, The Associated Press reported.

Florida-based voting machine company Smartmatic, alleging defamation, sued Newsmax Media, also based in Florida, in 2021, arguing that the network claimed its devices rigged the 2020 election. Newsmax has argued that it was reporting on newsworthy events, and that some of the claims at issue were true.

Former President Donald Trump and his allies have repeatedly claimed that the 2020 election was rigged. Trump’s lawyers have singled out Smartmatic as one of the culprits.

In his ruling Thursday, Davis granted parts of both sides' motions, denying other parts. He agreed with Newsmax that not all of the allegedly defamatory statements had been proven false, allowing it to dispute falsity at trial. He also said there was no evidence that Newsmax was acting with intent to harm Smartmatic with its coverage.

But in wins for Smartmatic, he ruled firmly that the rigged election claims were definitely false, published by Newsmax and specific to Smartmatic.

“Statements regarding Smartmatic software or