Simply put, Thomas said, federal law governs federal elections. State and local laws govern state and local elections. The county is just following state law. Without a court order, the county will not unseal those records, he said.

"Our position has been the position we've always had. If the judge tells us we have to release the information, then we'll release the information. There's a provision in state statute that says if the county clerk interferes with the integrity of the election, it's a crime," Thomas said.

"Essentially, Miss Dopp wants these election returns to prove these election voting machines are flawed. That's been her purpose, to prove that they are flawed and the state should have chosen a different machine."

The state uses the Diebold General Election Management Server (GEMS).

Joe Demma, Herbert's Chief of Staff, said he would not comment on an ongoing legal matter.

Both the county and state have 20 days from the filing date to respond to the suit.

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E-MAIL: astowell@desnews.com