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Arizona SCT reverses dismissal of Lake’s signature matching claim
Posted on 3/22/23 at 9:58 pm
Posted on 3/22/23 at 9:58 pm
The trial court dismissed a signature matching claim on latches (should have brought claim b4 election) before trial. Az Supreme Court found that would not be possible to bring before election, so it reversed.
Case remanded for a determination on merits on signatures issue and can’t dismiss for laches again.
The other fact based rulings on appeal from her trial were affirmed.
- case may have to start over and discovery on fake signatures may be possible. Have not followed so no idea what they’ve figured out about fake signatures and if enough fake signatures to change results.
This is a BFD
Tweet link to opinion
Case remanded for a determination on merits on signatures issue and can’t dismiss for laches again.
The other fact based rulings on appeal from her trial were affirmed.
- case may have to start over and discovery on fake signatures may be possible. Have not followed so no idea what they’ve figured out about fake signatures and if enough fake signatures to change results.
This is a BFD
Tweet link to opinion
This post was edited on 3/22/23 at 10:00 pm
Posted on 3/22/23 at 10:00 pm to Wednesday
quote:
This is a BFD
I’ve heard this for 6 years.
Posted on 3/22/23 at 10:00 pm to Wednesday
“Lake is a loser who lost her race. Muh terrible candidate”
Member that?
Member that?
Posted on 3/22/23 at 10:01 pm to Wednesday
So we finally have a state Supreme Court with some balls?
Posted on 3/22/23 at 10:03 pm to TigerOnTheMountain
Well. What’s different with this ruling, is it’s the first time that ballots will be analyzed individually, and the issue tried on the merits.
If it gets dismissed on a procedural technicality- same shite. But it’s quite difficult to underestimate the importance of the ability to actually present evidence on the merits on an issue about manufactured mail in ballots - which has basically been the issue from the jump.
If it gets dismissed on a procedural technicality- same shite. But it’s quite difficult to underestimate the importance of the ability to actually present evidence on the merits on an issue about manufactured mail in ballots - which has basically been the issue from the jump.
Posted on 3/22/23 at 10:04 pm to Wednesday
This is kind of a big deal.
We might now see enough come out to force Hobbs to resign (fat chance, I know) or prompt AZ residents to recall her (assuming AZ has that provision).
We might now see enough come out to force Hobbs to resign (fat chance, I know) or prompt AZ residents to recall her (assuming AZ has that provision).
Posted on 3/22/23 at 10:05 pm to Wednesday
These judges should be impeached.."laches" HOW can you bring the claim before the law is actually broken?
Then they'd say you haven't suffered any injury if you filed suit before.
Then they'd say you haven't suffered any injury if you filed suit before.
This post was edited on 3/22/23 at 10:06 pm
Posted on 3/22/23 at 10:06 pm to POTUS2024
I just want discovery on fake ballots, and a day in court on that issue alone, especially B4 the 2024 election.
This is a big deal, and a big chance. Lake’s lawyers must bring their AGame
This is a big deal, and a big chance. Lake’s lawyers must bring their AGame
Posted on 3/22/23 at 10:07 pm to antibarner
quote:
These jusdges should be impeached.."laches" HOW can you bring the claim before the law is actually broken?
You need special powers
Posted on 3/22/23 at 10:08 pm to Wednesday
quote:
This is a big deal, and a big chance. Lake’s lawyers must bring their AGame
I hope they are well funded. Dems are about to pour money into this like there's no tomorrow.
Posted on 3/22/23 at 10:10 pm to Wednesday
quote:
This is a BFD
Hope so, we shall see.
Posted on 3/22/23 at 10:11 pm to Wednesday
quote:
first time that ballots will be analyzed individually, and the issue tried on the merits
Does the plaintiff have the requirement to prove enough bad signatures were present to have potentially changed the result?
or is the general conclusion of = "this whole election was a grab-arse from the git-go" be enough to
= order a new election?
= try to resolve each and every instance of irregularity??
after this much time, I see no potential for a really equitable solution - other than 'suck it up'
Posted on 3/22/23 at 10:14 pm to Auburn1968
Why do people have such shitty signatures
Posted on 3/22/23 at 10:16 pm to Wednesday
I'm old enough to remember that mail-in voting usually has a 5-10%+/- rejection rate for issues with ballots but has magically dropped below 1% in Arizona (and other states) in 2020 and 2022...
Posted on 3/22/23 at 10:17 pm to Wednesday
Surprised they didn’t dismiss for lack of standing. Derr, she should have sued before the election. Hurr derr.
Finally some merits challenge.
Finally some merits challenge.
Posted on 3/22/23 at 10:17 pm to Wednesday
Lake's suit was on seven different charges, the state supreme court upheld six.
The one it didn't uphold was the charge that Maricopa County did not follow signature verification procedures. Both county and appeals courts "somehow" (nudge-nudge-wink-wink) interpreted this as applying to the policies themselves, not how the policies were applied in 2022, and dismissed her claim based on grounds that she filed her legal challenge too late (I think the county court purposefully tried to interpret it poorly and the appellate was just being lazy).
LINK
So to my non-lawyer reading of this... she will have to first prove that Maricopa County violated the validation law. Once proven, I guess then she would need to prove how many individual infractions there were. In that case, does she get to subpoena signature files and validation records from Maricopa County?
We've seen the County basically stonewall to the point where it becomes obvious they are really saying "frick off". I wonder if we see that again?
The one it didn't uphold was the charge that Maricopa County did not follow signature verification procedures. Both county and appeals courts "somehow" (nudge-nudge-wink-wink) interpreted this as applying to the policies themselves, not how the policies were applied in 2022, and dismissed her claim based on grounds that she filed her legal challenge too late (I think the county court purposefully tried to interpret it poorly and the appellate was just being lazy).
quote:
Lake's claim invokes a section of Arizona law that requires signatures on early ballot envelopes be checked against the signature already in a voter's file, and sets the process and timeline for verifying, or "curing," a ballot if the signature doesn't appear to match. She claimed Maricopa County Recorder Stephen Richer's office accepted "a material number" of ballots with unmatched signatures last year.
The Supreme Court did not evaluate Lake's signature claim on its merit, only on the legal justifications offered by prior courts. The court's order requires Maricopa County Superior Court Judge Peter Thompson to evaluate that single element of Lake's case again to determine if the claim was properly dismissed previously, or if Lake can prove “votes (were) affected ‘in sufficient numbers to alter the outcome of the election.’”
The Supreme Court quoted the appeals court ruling, saying that to prove her claim, Lake must provide a “competent mathematical basis to conclude that the outcome would plausibly have been different, not simply an untethered assertion of uncertainty.”
LINK
So to my non-lawyer reading of this... she will have to first prove that Maricopa County violated the validation law. Once proven, I guess then she would need to prove how many individual infractions there were. In that case, does she get to subpoena signature files and validation records from Maricopa County?
We've seen the County basically stonewall to the point where it becomes obvious they are really saying "frick off". I wonder if we see that again?
Posted on 3/22/23 at 10:22 pm to ChineseBandit58
quote:
Does the plaintiff have the requirement to prove enough bad signatures were present to have potentially changed the result?
Yes. Per some of the stuff I’m reading on Twitter yes. But this is pro-Lake stuff, so no way to be sure.
She may have a sample of some kind that shows that if statistically they review all it could be determinative. If so, she’ll get past early dismissal phase. Or should.
Regardless, it would have to have been a determinative number of fake signatures.
Posted on 3/22/23 at 10:23 pm to Wednesday
About time a court stepped up
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