Smyrna
889
Heath’s petition argues that Thompson set the burden of proof too high, requiring Lake’s attorneys to prove that election misconduct by officials was intentional and intended to affect the outcome of the election, which they did. Heath also contends that it would have been “physically and mathematically impossible” to verify the more than 1.3 million images and mentions similar the chain of custody issued raised in Kari Lake’s lawsuit and Maricopa County Superior Court Trial.
…and the beat goes on. 
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No they didn’t.
Read some of the documents and watched the court proceedings.
The law and prior AZ Supreme Court cases is that sets the bar with malfeasance or to use your term “intentional and intended”. That is not something that Judge Thompson made up.
They spent a lot of time on the printer and paper not be read by the precinct tabulators, but then it was shown in court that all those instances where voters cast ballots and they couldn’t be read locally were transferred to the central office and the ballots counted there. Kind of hard to change the outcome when the ballots cast were actually counted.
Their “chain of custody” issue was mostly focused on the company that processed the return mail in ballots. Their testimony was that ballots were inserted by employees for themselves and family members. Their OWN EXPERT then admitted on the stand that the amount inserted was in the 50 ballot range. When the contest is lost then by 17,000 votes the outcome is not changed. This is also a requirement of the law and prior cases that Judge Thompson cited in setting the bar.
Personally, I don’t thing the AZ Supreme Court will be overturning Judge Thompson’s ruling.
WW
3 Likes
Chris
891
Lake likely lost by a bit less than 17,000 votes. Republican-leaning Pinal County forgot to count over 500 ballots. Link
The Governor’s race didn’t go to a recount like the Attorney General’s race, because the Governor’s race wasn’t within the 0.5% range. Lake lost to Hobbs by about 0.66%.
It is possible that the irregularities in Maricopa County cost the GOP Candidate the AG race. He ended up losing to Dem Candidate Kris Mayes by just 280 votes statewide.
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The red wave forced Hobbs to use 290.000 invalid ballots with out chain of custody.
zantax
893
This would seem to indicate otherwise.
from JUST IN: Attorney From Anti Woke Civil Liberty Group Sues Judge Who Dismissed Kari Lake’s Election Contest | The Gateway Pundit | by Jordan Conradson
That statute was also implicated in Reyes. Although the trial court in Reyes brushed off the statutory violations, allowing one of the candidates, Yuma County Supervisor Republican incumbent Clyde Cuming, to remain in office, the Arizona Court of Appeals reversed that decision and placed his Democratic opponent Marco Reyes in office a year later. The court stated that the “non-technical” statutes advance the constitutional goal of “setting forth procedural safeguards to prevent undue influence, fraud, ballot tampering, and voter intimidation.” The court added, “election statutes are mandatory, not ‘advisory,’ or else they would not be law at all.”
The court went on, the “purpose of A.R.S. 16-550(A) is to prevent the inclusion of invalid votes. … [t]o rule otherwise would ‘affect the result or at least render it uncertain.’” The opinion cited Miller v. Picacho Elementary School District No. 33, “Miller established that an election contestant need only show that absentee ballots counted in violation of a non-technical statute changed the outcome of the election [or rendered it ‘uncertain’]; actual fraud is not a necessary element.”
Except they didn’t show where ballots being counted (printer issue) or chain of custody (up to 50 ballots inserted at the counting facility by EEs for their vote).
The printer issue ballots WERE counted, therefore the error could not have impacted the vote totals.
The insertion by vendor EEs was - per the Lake expert - up to a count of 50 which could change the 17,000+ margin of the win.
WW
Smyrna
896
…and as time goes on, the evidence showing problems in Maricopa county’s handling of the election continue to be exposed. Is this evidence credible in a court of law?
So why didn’t Karen Lake present this evidence in the court of law when her case was, well, you know - actually in a court of law?
WW
2 Likes
Smyrna
898
Her investigation is supposedly uncovering more and more new evidence. Is it true? We’ll see but when the person in charge of the election, is also the one who also running…with the most to gain…there is a conflict of interest that does make one say…hmmmmmmmmmmmm.
What does one say?
Funny that wasn’t a problem for GOP Secretaries of State that have run for reelection for - like - generations. From 2022.
7 GOP incumbents reelected.
5 DEM incumbents reelected.
Only when Karen Lake is defeated do people complain.
But hey, I’m fine with a law that requires and elected politician has to resign from office when they participate in an election.
WW
Nemesis
900
Not a legal expert but my understanding is that an appeal cannot include any new evidence.
Perhaps her investigation should have been more thorough before she went to court. Thats on her.
The fact is no evidence was presented at the trial to back up her claims. Her so called expert witnesses failed miserable to provide any credible evidence.
Like others have said I have no issue in changing the law so a candidate has to resign from a position that could be a conflict of interest but no law currently exists in AZ for that.
2 Likes
You don’t get to introduce new evidence on appeal, except in very specific (and inapplicable here) circumstances.
But by all means, feel free to send her money to fund her “investigation.”
2 Likes
What’s her end game? Obviously she isn’t going to become Governor this time around. Is she doing this to grift donations, or to stay in Trump’s field of vision as possible VP?
Nemesis
904
Both. Its a grift to get money and also to show to Trump she is viable as VP candidate.
I am sure Trump supporters from around the country are filling her coffers. They are easy marks for this type of scam.
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Can you imagine this babe thinking she’s VP material? Or Governor, for that matter. Never held any office. Never ran a business. TV personality- that’s what she is.
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Well she did hear there were teleprompters used as part of the job.
She has experience with that.
WW
3 Likes
Smyrna
907
Golly…it’s been a regular libfest while I was gone so…please “Kari” on.
