Over the weekend, lawyers for Kerri Lake filed a lawsuit against Katie Hobbs, both as contestee and in her capacity f Secretary of State, and various election officials of Maricopa County, re the gubernatorial election in Arizona this past mid-term election. You can find the lawsuit filed here.
The vote margin at present is 17,117 for Hobbs. Lawyers for Lake allege that hundreds of thousands of illegal ballots (p. 4) contaminated the final count. They also allege that tens of thousands of election day voters (p.3) were disenfranchised by tabulator and printer failures across a majority of voting centres across Maricopa County. Taken separately or together, the numbers involved are greater than the margin of victory.
According to Arizona law, citing Findley v Sorenson, “the Arizona Supreme Court held that mistakes, omissions, and irregularities in the conduct of an election may void it if they “affect the result, or at least render it uncertain.”
General Allegations
Re illegal ballots, signature matching and curing (pp. 16-20).
Re ballot printer and tabulator failures on Election Day (pp. 20-26)
Re commingling of tabulated and non-tabulated (Door 3) ballots on election day following from tabulator failures (pp. 27-29)
Re Vote Centre wait times of 60 minutes and above at dozens of vote centres, (pp. 29-37)
Re Wait times on Election Day disproportionately effected Republican voters (pp. 37-39)
Re freedom of speech violations by public officials (pp. 39-42)
Re claim that printer and tabulator failures involve procedural violations, according to an expert, that ‘can only be categorized as intentional’ (pp. 42-44)
Re absence of chain of custody documents for over 300K ballots make the election outcome uncertain (pp. 44-50)
Re the 25,000 ballots added to the total of ballots on the 1o Nov that should have been known and final by 9 Nov indicating a gross “failure to maintain security and chain of custody for the ballots as required by Arizona law (pp. 50-52)
Re conflict of interest of Hobbs as both con and Secretary of State thus overseeing her own election (pp. 52-54)
The Counts include: I. Freedom of Speech violations (p. 56); II. Illegal Tabulator configurations (pp.56-59); III. Mail-In Ballots with Invalid Signatures (pp. 59-61); IV. Invalid Chain of Custody (pp. 61-62); V. Equal Protection (pp. 62-63); VI. Due Process (pp. 63-64); VII. Non-secret mail-in ballots (p. 64); VIII. Incorrect Certification (pp. 64-65); IX. Inadequate Remedy (p. 64) and X. Federal Constitutional Rights (pp. 64-65).
Remedies sought: 1. an opportunity to inspect the Maricopa County ballots from the 2022 General Election, incl. ballot signature envelopes as well as the signatures on the voter file; 2. root cause analysis and forensic examination into the causes and extent of the printer-tabulator problems on election day; 3. trial of all disputed factual issues; 4. an order striking all signatures on the file with Maricopa County not on the ‘registration record’; 5. striking any invalid ballots or types of ballots on an absolute or prorated basis; 6. setting aside the certified result and declaring Lake the winner; or alternatively, 7. vacating the result and issuing an injunction requiring Maricopa County to reconduct the gubernatorial election in conformance with all applicable law, and the like, under the direction of a Special Master; and 8. recusing Hobbs and Richer from further participation in matters relating to the 2022 General Election or any new election.
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