Smartmatic alleges that Newsmax has destroyed evidence in the voting machine company’s lawsuit against the right-wing news channel over false claims that Smartmatic helped “rig” the 2020 election, according to court documents made public this week. 

Lawyers for Florida-based Smartmatic allege that Newsmax engaged in a “cover-up” by destroying texts and emails of key executives that would demonstrate the network’s knowledge that voting fraud claims being pushed by former President Donald Trump and his allies were untrue. Smartmatic says the deletions occurred after Newsmax had received notice to preserve evidence for the pending suit.

The lawsuit is just one of many major defamation cases filed by Smartmatic and Dominion Voting Systems against news organizations over false claims about fraud in 2020 election. Most are still pending, and several may go to trial this fall — ensuring that Trump’s claims about a “rigged election” in 2020 will continue to be a focus even as the next presidential election nears.

The potential payments in damages to the plaintiffs are substantial. In 2023, just moments before opening statements in a Delaware courtroom, Fox News paid the voting machine company Dominion a settlement of $787.5 million over similar false claims it made on air.

Smartmatic is suing Newsmax for defamation in Delaware Superior Court, the same court that handled the Fox Dominion case, for unspecified damages. It has alleged the company promoted claims it knew to be false because it attracted viewers and was therefore profitable. Newsmax denies the allegations. The case is scheduled to go to trial in September.

The new filing refers to specific text messages in which Newsmax CEO Chris Ruddy referred to Trump’s attorney Sidney Powell, which Smartmatic says were deleted from Ruddy’s devices but saved by other witnesses and provided to the plaintiffs during discovery. Powell was a Newsmax guest and a source of false allegations about voting fraud by Smartmatic and other companies. The filing also alleges that the company lied under oath about the existence of its own journalistic guidelines.

In a statement to NBC News, Smartmatic attorney J. Erik Connolly said: “Newsmax’s misconduct goes beyond falsely accusing Smartmatic of rigging the U.S. election; it also attempted to conceal evidence of its actions and failed to follow its own journalistic standards. Smartmatic’s motion details numerous instances of evidence destruction, including incriminating emails and texts from Newsmax executives, indicating intentional spoliation.”

A spokesperson for Newsmax did not respond to requests for comment. 

Smartmatic is also suing Fox News over similar claims for $2.7 billion in damages. That trial is expected to start in early 2025. Fox has denied the allegations.

In April, Smartmatic settled a suit against OANN, another right-wing news channel that allowed false election fraud claims on its air. Dominion still has suits pending against OANN and Newsmax, and both companies have filed suit against Powell, Rudy Giuliani and Mike Lindell.