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Discovery in ERIC Litigation Has Implications for Colorado

Staff
January 4, 2026
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In case you missed it, The Georgia Record is reporting from Peter Bernegger:

"Huge win in court: the motion to dismiss the case - filed by the Wisconsin Election Commission and the corrupt Administrator Meagan Wolfe - was denied! Now: full discovery can proceed where sworn depositions will be taken of the Election Commission employees and officers, of David Becker, of ERIC personnel, of vendors!!!! The Election Commission and ERIC are unlawfully giving away voters personally identifiable information to CEIR (Becker's other company). In fact it is criminal - just as if your bank gave some non-profit YOUR social security number, birthdate, driver's license number. And never told you either. This is happening to you if you live in an ERIC state."

Colorado is an member of ERIC states. We reported a similar case in Colorado in 2024, Public Interest Legal Foundation’s lawsuit on Colorado voter rolls and the state’s relationship with the Election Registration Information Center (ERIC). That case ended in settlement.

“In 2022, Griswold’s office ‘mistakenly’ mailed postcards to some 30,000 foreign nationals encouraging them to vote. She blamed a glitch in the database tied to Colorado’s driver’s license list,” The Federalist reported in 2024.

Jena Griswold, via Jeffrey Beall on Wikicommons

The official explanation for those post cards is actually a ‘data coding mismatch’ between the CO DMV database and… ERIC. 

Trial Transcripts, 1:22-cv-00581

Also, ERIC routinely sends non-citizens to member states, but doesn’t tell the states they’re non citizens. This is part of the design. 

Trial Transcripts, 1:22-cv-00581

When Secretary Griswold came into office in Colorado, she withdrew Colorado from free Kansas Crosscheck, right before “the ACLU sued it out of existence,” according to the research and analysis of Col. Shawn Smith (USAF-Ret).

Colorado’s new voter registration then increased by four times Colorado’s population growth.

It's not a data coding mismatch. It’s the system design, based on the results. 

Godspeed to Bernegger in his efforts to hold ERIC accountable once and for all.


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