Smartmatic's Suit Against Newsmax Over 2020 Election Lies Appears Headed For Trial

DOVER, Del. (AP) — A lawsuit pitting an electronic voting machine manufacturer that was targeted by allies of former President Donald Trump against a conservative news outlet that aired accusations of vote manipulation in the 2020 election appears headed to trial, following a Delaware judge’s ruling Thursday.

Florida-based Smartmatic is suing Newsmax, claiming the cable network’s hosts and guests made false and defamatory statements after the election implying that Smartmatic participated in rigging the results, and that its software was used to switch votes.

Newsmax, also based in Florida, argues that it was simply reporting on serious and newsworthy allegations being made by Trump and his supporters, including former New York City Mayor Rudy Guiliani and conservative attorney Sidney Powell.

Attorneys for both sides asked Superior Court Judge Eric Davis to rule in their favor without holding a trial, which is scheduled to start Sept. 30. On Thursday, Davis granted partial summary judgment to each side but said a jury must decide several key issues.

“Statements regarding Smartmatic software or voting machines altering the results of the election are factually false,” wrote Davis, who noted that Smartmatic did not provide any election machines or software used in the 2020 election outside of Los Angeles.

However, the judge said that not every allegedly defamatory statement published by Newsmax, including statements about Smartmatic’s ties to Venezuela and its late president Hugo Chavez, has been shown to be materially false.

“Therefore, the court will allow Newsmax to contest falsity as to Smartmatic’s connections with Venezuela,” he wrote.

In court papers, Newsmax has described Smartmatic as “a struggling election