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Kari Lake scores win as Arizona Supreme Court sends part of her lawsuit back to trial court
Just the News ^ | 3/22/23 | Charlotte Hazard

Posted on 03/22/2023 8:41:31 PM PDT by CFW

The Arizona Supreme Court ruled Wednesday to send a piece of former GOP gubernatorial candidate Kari Lake's election lawsuit back to trial court to examine whether or not Maricopa County followed signature verification policies in 2022.

The order states: "IT IS FURTHER ORDERED remanding to the trial court to determine whether the claim that Maricopa County failed to comply with A.R.S. § 16-550(A) fails to state a claim pursuant to Ariz. R. Civ. P. 12(b)(6) for reasons other than laches, or, whether Petitioner can prove her claim as alleged pursuant to A.R.S. § 16-672 and establish that 'votes [were] affected "in sufficient numbers to alter the outcome of the election”' based on a 'competent mathematical basis to conclude that the outcome would plausibly have been different, not simply an untethered assertion of uncertainty.'"

(Excerpt) Read more at justthenews.com ...


TOPICS: Breaking News; Constitution/Conservatism; Politics/Elections; US: Arizona
KEYWORDS: arizona; election; electionfraud2022; fraud; getoveritkarisheesh; goawaykari; karilake; lake; loserlake; maga; rinoshatelake; rinosonfr
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Well, this is rather unexpected good news.
1 posted on 03/22/2023 8:41:31 PM PDT by CFW
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To: CFW

This bolsters my contention that in election lawsuits by Republicans the courts are simply refusing to look at any and all evidence.


2 posted on 03/22/2023 8:46:10 PM PDT by jimtorr
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To: jimtorr

The Dems KNOW if they steal it there is not a court ANYWHERE that will touch it, SO why not steal it NO CONSEQUENCES!!!


3 posted on 03/22/2023 8:51:27 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: jimtorr

Agreed. When the left screams that the Courts ruled that no evidence of fraud was found, they leave out the part where the Courts all dismissed claims on technical reasons without allowing or viewing any evidence of said fraud.


4 posted on 03/22/2023 8:52:02 PM PDT by CFW (old and retired)
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To: CFW

I watched the trial. She should have won on all her points. They just wanted to give the trial judge some cover and didn’t have the guts to say the trial was completely unfair to Kari and the election was stolen.


5 posted on 03/22/2023 8:54:24 PM PDT by FR_addict
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To: CFW

Maricopa County is a criminal enterprise. PERIOD. Once the Arizona Dung Beetle Party and the “loved ones” of the criminals in Arizona’s prisons got rid of Arpaio, the county went to sh*t.


6 posted on 03/22/2023 8:54:58 PM PDT by FlingWingFlyer (Free the J6 Heroes! Now! Heroic J6 Lives Matter. (HJ6LM))
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To: CFW

Order is here - https://s3.documentcloud.org/documents/23720435/lake-asc-order-032223.pdf


7 posted on 03/22/2023 9:03:19 PM PDT by Fury
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To: CFW
The Arizona Supreme Court DENIED the following:

1. Did the panel err in deciding that a century of precedent applies the clear-and- convincing standard to all aspects of election contests, contrary to Parker v. City of Tucson, 233 Ariz. 422, 436 n.14 (App. 2013), in which Division Two recognized that the evidentiary standard remains an open question in cases— like this— where there is neither express statutory standard nor an allegation of fraud?

2. Given the EPM’s requirement that “the number of ballots inside the container shall be counted and noted on the retrieval form” “[w]hen the secure ballot container is opened,” EPM, Chapter 2, §I.7.h.1, did the panel err in holding that the EPM does not “impos[e] any express time requirement” for “when” to count ballots and that “an initial estimate” of ballots is all that the law requires?

3. Did the panel err when it ignored the undisputed fact that 35,563 unaccounted for ballots were added to the total number of ballots at a third party processing facility—an amount far exceeding the vote margin between Hobbs and Lake—holding that fact was insufficient to show the election’s outcome was at least “uncertain” under Findley, 35 Ariz. at 269?

4. Did the panel err when it ignored the fact that Maricopa did not perform L&A testing as required by EPM and A.R.S. §16-449?

5. Did the panel err when it ignored the evidence that Maricopa’s failure to perform L&A testing caused massive disruptions to voting on Election Day disenfranchising thousands of Republican voters, and rejecting evidence that the chaos made the election outcome at least “uncertain” under Findley, 35 Ariz. at 269?

7. Did the panel err in dismissing the Equal Protection and Due Process claims on the pleadings as “duplicative” of Count II, without considering the additional issues that equal-protection and due-process review add to Maricopa’s misconduct, such as the targeting of Republican voters and the “patent and fundamental unfairness” of targeted election disruptions?

8 posted on 03/22/2023 9:03:44 PM PDT by thegagline (Sic semper tyrannis! Goldwater 2024)
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To: CFW
'competent mathematical basis to conclude that the outcome would plausibly have been different, not simply an untethered assertion of uncertainty.'

With the current election process in place it is ALWAYS plausible the outcome could have been different had the election been fair.

If there is a hole big enough to drive a truck through then a truck might have driven through it. We should not be required to prove that there was a truck, the election should already be run in a way to assure us there could not be one.

9 posted on 03/22/2023 9:05:49 PM PDT by AndyTheBear
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To: FR_addict

So did I.

After all the theatrics from the shrill, deranged Bolshevik B***h attorney in the trial it seemed to me that Kari had won.

When the Elmer Fudd Judge put out his opinion so soon it was obvious the opinion was already written before the trial and he was taking dictation from Marc Elias.

Now he’s on the hook to pay attention and actually pretend to be impartial.

Not optimistic.


10 posted on 03/22/2023 9:07:07 PM PDT by Regulator (It's fraud, Jiim)
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To: CFW
Kari Lake scores win as Arizona Supreme Court sends part of her lawsuit back to trial court.

Big Whoop, it's a very small part of her lawsuit.

No thanks.

11 posted on 03/22/2023 9:07:47 PM PDT by FreeReign
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To: FreeReign

The paper shredders have already handled this problem BANK ON IT!!!


12 posted on 03/22/2023 9:12:34 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: CFW
Appeal it all the way, Kari, and then if you still lose, RECALL HOBBS.

Dare the bastards to steal it again in broad daylight.

Thanks to Kari, we found out about the printer settings being changed on the morning of the elections, and that the same thing happened in 2020 with Trump's election.

99% of republicans would have folded like a cheap tent and "moved on."

Keep fighting, Kari!

13 posted on 03/22/2023 9:20:51 PM PDT by HandBasketHell
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To: CFW
>Well, this is rather unexpected good news.

That's not my take. They endorsed every bad ruling the trial court made and sent it back, telling the trial judge to invent another bad ruling on the signature matching, rather than refusing to rule on it, for them to endorse. Honest judges would have ruled for Lake on all 7 instead of denying her on 6. Now we have to trust the judges who previously ignored a huge amount of truth 6 times to rule against Lake, to rule for her? IIRC one of the 6, probably the final one, could potentially be appealed to SCOTUS but otherwise the theft is done. Still waiting for a ruling from the lower judge Hamaden's call for either a new election or to let the rest of his votes be counted in the AG race. But so far it looks like the constitutional judicial system in AZ is completely gone. About the only hope I see remaining is if SCOTUS rules this term in favor of pure legislative oversight over elections, in which case the AZ legislature might be able to take some action in spite of "Gov. Hobbs."

14 posted on 03/22/2023 9:27:32 PM PDT by JohnBovenmyer (Biden/Harris events are called dodo ops)
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To: CFW

Corrupt 3rd-World Arizona - bump for later....


15 posted on 03/22/2023 9:36:12 PM PDT by indthkr
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To: Trump Girl Kit Cat
The Dems KNOW if they steal it there is not a court ANYWHERE that will touch it, SO why not steal it NO CONSEQUENCES!!!

The courts have taken the paradoxical position that if the fact that elections are routinely stolen becomes known it would harm peoples faith in democracy. Therefore to save democracy they must protect stolen elections.

16 posted on 03/22/2023 9:37:05 PM PDT by pepsi_junkie ("We want no Gestapo or Secret Police. F. B. I. is tending in that direction." - Harry S Truman)
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To: JohnBovenmyer
Courts, especially collegial appellate courts, can be hard to predict because internal and external political and administrative considerations can break in unexpected ways. For example, if the Arizona Supreme Court wanted to overturn the election but avoid roiling the waters by undermining confidence in the state's election administration or embarrassing the trial judge, they might craft a reversal of the election result on a single narrow ground, after first giving the trial judge a chance to take back his decision to uphold the election. I am not saying that is where the case is heading, only that it is possible.
17 posted on 03/22/2023 9:45:57 PM PDT by Rockingham
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To: CFW

Bookmark


18 posted on 03/22/2023 9:47:42 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: HandBasketHell

What’s the wait time for a Hobbs recall? 150 days?


19 posted on 03/22/2023 9:49:10 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: dragnet2

I recall reading somewhere that if a recall election happened, it would take place in July.


20 posted on 03/22/2023 9:59:00 PM PDT by HandBasketHell
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