1. Muscogee County voters
Of the four voters who testified, three were from Muscogee County. There was significant discussion and effort at trial to connect True the Vote, or the other Defendants, to Alton Russell—a Muscogee County voter who submitted Section 230 challenges. Gamaliel Turner testified that he knew Alton Russell challenged his eligibility to vote. Tr. 316:9–12. Stephanie Stinetorf attested to having a “letter from [Alton] Russell challenging [her] vote.” Tr 472:21–22. Berson likewise knew that Russell had made the voter challenge against him, but could not connect Russell’s challenges to any Defendant. Tr. 112:9–15, 130:16–18.
However, no evidence connects Russell to True the Vote’s challenge list. The Court rejects Plaintiffs’ attempt to use testimony by Amy Holsworth from an unsuccessful memory refresh to establish any connection between True the Vote and Alton Russell.51 Holsworth specifically indicated that she did not “have any recollection of [Russell’s name] being on the spreadsheet without seeing the spreadsheet.” Tr. 1376:6–7. Accordingly, the Court cannot credit Holsworth’s testimony that Russell’s name appeared on the True the Vote list as it lacks proper foundation. Moreover, without a proper foundation, the Court did not allow the True the Vote excel file tracking its volunteers into evidence. Thus, there is nothing in the record connecting Alton Russell to True the Vote. See, e.g., Tr. 1740:4–5, 1741:20–22 (Mark Williams testifying that he did not know Alton Russell and did not have knowledge that Russell was involved with TTV), Tr. 1047:15–16 (Engelbrecht denying knowledge of Alton Russell) & 1839:8–19 (Engelbrecht further denying knowledge of Alton Russell, any affiliation between TTV and Russell, or TTV’s coordination with Russell to submit voter challenges in Muscogee County).