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Kari Lake Lawsuit Accuses Maricopa County Of 'Unlawful' Certification of Voting Machines

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Republican Kari Lake’s legal team filed a brief at the Arizona Court of Appeals Tuesday arguing Maricopa County broke the law by falsely stating voting machines were certified prior to the November 2022 general election when she was a candidate for governor.

In May, Maricopa County Superior Court Judge Peter Thompson ruled against Lake concluding she had not provided sufficient evidence that Arizona election law was not followed during the contest, which Democrat Katie Hobbs won by less than one percent of the vote.

Lake then appealed the ruling in June.

In July, the Arizona Court of Appeals based in Phoenix transferred the case over to the division based in Tucson, which is a part of Pima County.

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In their Tuesday brief to the appeals court, Lake’s attorneys argued new information has come to light since Thompson’s ruling regarding Maricopa County’s failure to certify the voting machines used on Election Day.

Due to ballot printers being misconfigured, hours-long lines formed at multiple voting locations throughout Maricopa County on Election Day as tabulators rejected ballots, the brief states.

“Maricopa’s system log (“SLOG”) files show that Maricopa’s vote-center tabulators rejected defective BOD-printed ballots more than 200,000 times at a rate of over 7,000 every 30 minutes from 6:30 am, shortly after the polls opened, through 8:00 pm, after the polls closed, causing massive lines and chaos on Election Day,” Lake’s lawyers argued.

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Further, “in explaining why it removed and installed reformatted memory cards in the 446 vote-center tabulators, Maricopa unwittingly reveals it did not conduct statutorily mandated [Logic and Accuracy or L&A] testing on October 11, 2022 on any of its Election Day vote-center tabulators, much less ‘all’ of them as Arizona law requires,” the attorneys added.

The brief says that evidence shows the county “failed to conduct statutory L&A testing on ‘all of [Maricopa’s] deployable voting equipment’ either on October 11, 2022, or after it broke the seals on the 446 vote-center tabulators and removed, reformatted, and reinstalled the memory cards on October 14, 17, 18.”

Lake’s cyber expert Clay Parikh concluded after reviewing the system log files “that 260 of the 446 tabulators showed error codes from this unannounced testing that were not corrected and were the same errors codes as arose on Election Day.”

The lawyers concluded based on the failure to follow the law, the election must be negated.

“These shortcomings—failing to L&A test all vote-center tabulators on October 11 and altering all vote-center tabulators on October 14, 17, and 18— are material because failing to undergo statutorily mandated L&A testing makes those tabulators unreliable to use in elections, requiring the election to be set aside,” the brief says.

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In May, Maricopa County responded on social media to Lake’s allegations regarding logic and accuracy testing not being properly completed, saying the it was live-streamed.

Additionally, the county explained there was no issue in new memory cards being installed in the machines after the L&A testing is completed.

“A judge already considered this supposedly ‘new’ evidence in Ms. Lake’s election contest and found it unconvincing,” Maricopa said.

Lake announced Thursday that her attorneys have also filed a petition to transfer her election challenge case to the Arizona Supreme Court from the Court of Appeals.

The petition was filed with the Supreme Court Tuesday.

“My legal team has filed for our appeal to be reviewed by the Arizona Supreme Court,” she wrote on X. “This isn’t about me. This is about restoring the faith of the people of Arizona in their elections moving forward. 2024 is just around the corner.”


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Randy DeSoto has written more than 3,000 articles for The Western Journal since he joined the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book "We Hold These Truths" and screenwriter of the political documentary "I Want Your Money."
Randy DeSoto is the senior staff writer for The Western Journal. He wrote and was the assistant producer of the documentary film "I Want Your Money" about the perils of Big Government, comparing the presidencies of Ronald Reagan and Barack Obama. Randy is the author of the book "We Hold These Truths," which addresses how leaders have appealed to beliefs found in the Declaration of Independence at defining moments in our nation's history. He has been published in several political sites and newspapers.

Randy graduated from the United States Military Academy at West Point with a BS in political science and Regent University School of Law with a juris doctorate.
Birthplace
Harrisburg, Pennsylvania
Nationality
American
Honors/Awards
Graduated dean's list from West Point
Education
United States Military Academy at West Point, Regent University School of Law
Books Written
We Hold These Truths
Professional Memberships
Virginia and Pennsylvania state bars
Location
Phoenix, Arizona
Languages Spoken
English
Topics of Expertise
Politics, Entertainment, Faith




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