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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

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Chilidog
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1601

Post by Chilidog »

Here we go.
MINUTE ENTRY
SUPERIOR COURT OF ARIZONA MARICOPA COUNTY
The Supreme Court of Arizona having remanded this matter for specified further action on March 22, 2023, and based upon the time constraints imposed by A.R.S. § 16-676(A)
IT IS ORDERED that the parties may each simultaneously submit a memorandum of law to address the specific issues set forth in the Arizona Supreme Court’s Order of March 22, 2023 as a supplement to the previously filed Motions To Dismiss, Response and Reply. The memoranda shall not exceed 15 pages in length and must be filed not later than 8:00 a.m. on Tuesday, March 28, 2023 to be considered. No responses or replies to the memoranda shall be filed.

IT IS FURTHER ORDERED that the parties shall make themselves available to appear for oral argument, if the Court determines oral argument will assist a decision, on Thursday, March 30, 2023 at 9:00 a.m. If oral argument is set, a link to appear for the hearing will be provided to counsel. The link is for the use of counsel and parties only. In the event oral argument or any further hearings are scheduled they will be broadcast via the Maricopa County Superior Court livestream feed for use by the general public.
Docket Code 023 Form V000A




https://www.democracydocket.com/wp-cont ... -order.pdf
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Chilidog
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1602

Post by Chilidog »

To me, the issue appears to be what the county is allowed to do, per 16-550 (A).

https://www.azleg.gov/viewdocument/?doc ... /00550.htm

By my plain English reading of that, the county has total discretion over what signatures get kicked into the curing process.


The state guidelines are highly subjective, and based on the examples therein, no two of my signatures would pass.

https://azsos.gov/sites/default/files/A ... _Guide.pdf

I'm fairly certain that the courts, in no way, shape or form, want to inject themselves into the middle of the signature validation process.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1603

Post by Jim »

I wonder if there's ever going to be an audit of the funds that she's been soliciting the rubes for and how much is actually going into these senseless cases and how much is going directly into Lake's pockets?
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Chilidog
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1604

Post by Chilidog »

there is something else that just occurred to me. A large part of Lake's original December 9, 2022 complaint in regards to the signature validation issue was based off of purported issues with signatures in the 2020 election. In fact, one document cited....
After a lengthy investigation into "election failures and potential misconduct
that occurred in 2020," Attorney General Brnovich issued a report on April 6, 2022
making numerous findings including that "the early ballot affidavit signature verification
insufficient to guard against abuse." The Attorney General stated that "[r]equiring a
match between the signature on the ballot affidavit and the signature on file with the State is currently the most important election integrity measure when it comes to early ballots."
We now know that there are serious problems with the accuracy and validity of that report by Bnovitch.

In fact, I am willing to bet that Brnovich's office investigated all of the specific examples called out and used as examples by Kake's legal team and found that the signatures were legitimate.

Any takers?
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1605

Post by northland10 »

Jim wrote: Fri Mar 24, 2023 11:12 am I wonder if there's ever going to be an audit of the funds that she's been soliciting the rubes for and how much is actually going into these senseless cases and how much is going directly into Lake's pockets?
Don't hold your breath on that.
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p0rtia
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1606

Post by p0rtia »

I'm assuming this is a clean-up on Aisle 6 (Procedures & Practices) exercise. Nothing is going to turn up to get anywhere near the "intentional misconduct" bar that was established for AZ election challenges.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1607

Post by Reddog »

Chilidog wrote: Fri Mar 24, 2023 9:46 am :snippity:
The state guidelines are highly subjective, and based on the examples therein, no two of my signatures would pass.

https://azsos.gov/sites/default/files/A ... _Guide.pdf
:snippity:
I agree, e.g. how much coffee or alcohol I’ve drank.
I’m in Missouri, they started requiring signatures. It seems the voting process changes, sometimes subtly, each time. What bothered me was the last time, Nov. general election, they were taking signatures with my finger on a tablet that they held. There is no way my signature would match any signature I have done on paper with pen on a surface to rest my wrist. Let alone a signature when I registered almost 50 years ago. To be honest I don’t even remember signing when I registered, though I’m sure I did.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1608

Post by Phoenix520 »

When I realized that it didn’t matter what my sig looked like and really no one cared if it was legible or not, I adopted a swoopy sig that no one would see as a name, just prominent initials.

So yeah, mines totally different from when I registered.
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bob
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1609

Post by bob »

p0rtia wrote: Fri Mar 24, 2023 2:13 pm I'm assuming this is a clean-up on Aisle 6 (Procedures & Practices) exercise.
Yeah: The superior court likely will find a different procedural bar and dismiss on that basis.

It is possible the court will decide to hold an evidentiary hearing, i.e., a battle of the experts. And, after that, find Lake's evidence lacking and dismiss on that basis.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1610

Post by Reality Check »

bob wrote: Fri Mar 24, 2023 3:05 pm :snippity:
Yeah: The superior court likely will find a different procedural bar and dismiss on that basis.

It is possible the court will decide to hold an evidentiary hearing, i.e., a battle of the experts. And, after that, find Lake's evidence lacking and dismiss on that basis.
I think the SC is looking for something more than laches to dismiss Lake's signature verification claim. The briefs in the trial court should be interesting.

Hobbs motion to dismiss in the original trial probably gives a hint of how the arguments will go:
Signature verification.
Lake’s allegations do not show Maricopa County failed to
comply with lawful signature verification procedures, let alone engaged in misconduct or
counted illegal votes. See Compl. ¶¶ 44-62. Lake’s affidavits describe a three-tier review
process for signature verification in Maricopa County. While Lake bemoans the lack of
observers in the process, all she alleges is that “nothing prevented” election workers from
curing ballots improperly. Id. ¶¶ 58, 61-62. At best these allegations imply an opportunity
for abuse, not actual misconduct. Absent from Lake’s complaint is any allegation that any
signature verification worker failed to comply with the signature matching statute, § 16-
550(A), or the relevant provision of the EPM, see EPM at 68. While Lake’s declarants—
who describe themselves as “the most inexperienced” of those conducting signature
review, see, e.g., Ex. 6—anticipated higher numbers of rejected signatures, Compl. ¶¶ 54-
57, and ascribe improper motivations to signature verification managers, id. ¶¶ 59-60, mere
suspicions and conjecture do not amount to misconduct. Hunt, 19 Ariz. at 264. Lake’s
allegations surrounding the signature analysis conducted by the We the People AZ Alliance
similarly amount to speculation regarding what could have taken place during both the
2020 and 2022 elections. See Compl. ¶¶ 47-53. Lake’s speculative allegations, without
more, are not sufficient to allege misconduct or illegal votes. See Cullen v. Auto-Owners
Ins. Co, 218 Ariz. 417, 418–19, 189 P.3d 344, 347 (courts may not “speculate about 11
hypothetical facts that might entitle the plaintiff to relief.”)
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1611

Post by Chilidog »

This bung hole is trying to piggy back on the case.


Republican Attorney General Candidate Abe Hamadeh pounced on the Arizona Supreme Court's Order in the Kari Lake appeal, and told the trial judge he should give him another chance at fighting Maricopa County's signature verification process.


https://arizonaslaw.blogspot.com/2023/0 ... e.html?m=1
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1612

Post by keith »

Chilidog wrote: Fri Mar 24, 2023 9:46 am To me, the issue appears to be what the county is allowed to do, per 16-550 (A).

https://www.azleg.gov/viewdocument/?doc ... /00550.htm

By my plain English reading of that, the county has total discretion over what signatures get kicked into the curing process.


The state guidelines are highly subjective, and based on the examples therein, no two of my signatures would pass.

https://azsos.gov/sites/default/files/A ... _Guide.pdf

I'm fairly certain that the courts, in no way, shape or form, want to inject themselves into the middle of the signature validation process.
Im thinking that the judges should recuse themselves since their positions were up for approval at the election - they have a conflict of interest.

JK.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1613

Post by Gregg »

I agree, e.g. how much coffee or alcohol I’ve drank.
I’m in Missouri, they started requiring signatures. It seems the voting process changes, sometimes subtly, each time.
The more chages they make to each election, the more likely they are to be able to find some mistake in the minutia that they can hang some court case on when they lose. The technology exists to use a fingerprint for all voter ID, in person or mail in, if preventing voter fraud was really the goal.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1614

Post by Reality Check »

Gregg wrote: Sat Mar 25, 2023 3:56 am :snippity: The technology exists to use a fingerprint for all voter ID, in person or mail in, if preventing voter fraud was really the goal.
How would that work for mail in or drop off early ballots? Just curious.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1615

Post by bill_g »

The GOP won't be satisfied until the "verification" process includes a DNA sample via biopsy of everyone that is, you know, (wink wink) *not* Like Us. You know. :dog whistle:

They want barriers, not verification.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1616

Post by Reality Check »

Hobbs' MTD as Secretary of State goes into even more detail on the issues other than laches with Lake's signature verification claims.
https://www.democracydocket.com/wp-cont ... 96c668.pdf
...That a voter’s registration record includes other documents beyond the registration form is apparent from the Legislature’s usage
of the term “registration record” in other parts of Title 16. See, e.g., A.R.S. § 16-153(A) (allowing certain voters to protect from public disclosure their personal identifying information, “including any of that person’s documents and voting precinct number contained in that person’s voter registration record” (emphasis added)); A.R.S. § 16-168(F) (protecting “the records containing a voter’s signature” within a voter’s registration record (emphasis added)
and
Indeed, for long-time registered voters, the registration form in the voter’s record may be decades old, and their signature may degrade or change over time, as reflected in more recent official documents in the registration record. Plaintiff’s insistence that officials may only consult the registration form – and not any other official documents in the voter’s registration record – both defies the plain text and legislative history of A.R.S. § 16-550(A) and would lead to absurd results. Counties would have to reject early ballots based on signature comparison to an outdated exemplar while ignoring more recent signatures available in the voter’s registration record. Further, Plaintiff’s argument would absurdly lead to some voters being required to cure their signature for every early ballot they cast or face disenfranchisement because the county, according to Plaintiff, must always compare the voter’s early ballot affidavit signature to their decades-old registration form, despite knowing that the voter’s signature has changed based on more recent documents in the registration record. The Court should reject Plaintiff’s erroneous and nonsensical reading of the law. Green Cross Med., Inc. v. Gally, 242 Ariz. 293, 297 ¶ 11 (App. 2017) (courts “will not interpret a statute in a manner that would lead to an absurd result.”)
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1617

Post by Dave from down under »

So I, and every other NSW adult voted today (or previously by absentee voting). In total Enrolment - 5,521,688

I turned up at the polling booth, said my name, confirmed my residence address, was crossed of the roll, given my 2 voting forms, went to a booth, record my preferences, folded them and dropped them into the boxes at the exit.
5 minutes and I had done my mandatory civic duty and privilege. :)
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1618

Post by Reality Check »

Dave from down under wrote: Sat Mar 25, 2023 8:13 am So I, and every other NSW adult voted today (or previously by absentee voting).

I turned up at the polling booth, said my name, confirmed my residence address, was crossed of the roll, given my 2 voting forms, went to a booth, record my preferences, folded them and dropped them into the boxes at the exit.
5 minutes and I had done my mandatory civic duty and privilege. :)
That's the way it used to work here until the f-ing Republicans started with their f-ing voter suppression sh-t. :brickwallsmall:
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1619

Post by Tiredretiredlawyer »

Reality Check wrote: Sat Mar 25, 2023 8:28 am
Dave from down under wrote: Sat Mar 25, 2023 8:13 am So I, and every other NSW adult voted today (or previously by absentee voting).

5 minutes and I had done my mandatory civic duty and privilege. :)
That's the way it used to work here for white voters until the f-ing Republicans started with their f-ing not Republican voter suppression sh-t. :brickwallsmall:
FIFY.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1620

Post by Luke »

Thanks, RC, great finds on the Hobbs MTD. Quoted you for a post on Twitter.






Lt Root Beer of the Mighty 699th. Fogbow 💙s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1621

Post by Chilidog »

I thought that the ballots were kept with the envelopes.

That was a big point early on. Lake wanted access to both the ballot AND the envelope.

The court said no, that would violate the AZ constitutional guarantee to a secret ballot.
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#1622

Post by Gregg »

Reality Check wrote: Sat Mar 25, 2023 7:55 am
Gregg wrote: Sat Mar 25, 2023 3:56 am :snippity: The technology exists to use a fingerprint for all voter ID, in person or mail in, if preventing voter fraud was really the goal.
How would that work for mail in or drop off early ballots? Just curious.
Ink pad print affixed to cover envelope. I have used a disposable inkpad to leave a print on something before. You give a fingerprint when you register, and scanners at voting places verify, mail in ballots come with a small inkpad to put on the envelope, it would literally would't NEED any other information, put a TRID code on the envelope it to trace it none of which attaches to the actual ballot. Once the ballot is opened it contains no traceable information about who's vote it is, but keep the envelopes for post election audits.

This is almost to simple for Republicans to screw up, except by fighting to keep it from ever happening. They don't care about preventing fraudulent votes, the votes they're trying to prevent are perfectly legitimate, that's why they're trying to stop them.
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bob
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1623

Post by bob »



The short answer is that, generally, only one court at a time has jurisdiction over a case.

Because SCOAZ retained the sanctions issue, the superior court reasoned it lacks jurisdiction to act until SCOAZ is done with the sanctions.

I would not be surprised, however, if SCOAZ issues some kind of additional order to fix this situation.
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Still not 'duly elected' Arizona Governor -- Kari Lake, TFG Endorsee

#1624

Post by p0rtia »

Thanks, Bob. This case/situation goes on and on in new and interesting (to me!) ways.
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#1625

Post by Reality Check »

Gregg wrote: Sat Mar 25, 2023 10:02 pm :snippity:
Ink pad print affixed to cover envelope. I have used a disposable inkpad to leave a print on something before. You give a fingerprint when you register, and scanners at voting places verify, mail in ballots come with a small inkpad to put on the envelope, it would literally would't NEED any other information, put a TRID code on the envelope it to trace it none of which attaches to the actual ballot. Once the ballot is opened it contains no traceable information about who's vote it is, but keep the envelopes for post election audits.

This is almost to simple for Republicans to screw up, except by fighting to keep it from ever happening. They don't care about preventing fraudulent votes, the votes they're trying to prevent are perfectly legitimate, that's why they're trying to stop them.
How many states are using that technology? Something about it doesn't sit well with me. Why should I give the state my fingerprint just to vote? I found this report from TN while looking for a list of states suing this:

https://lawyerscommittee.org/wp-content ... 3.2021.pdf
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