Arizona judge rejects Kari Lake's election lawsuit, Lake to appeal

The Postmillennial ^ | December 24th, 2022 | unaccredited

[shadowlands1960]

"My Election Case provided the world with evidence that proves our elections are run outside of the law. This Judge did not rule in our favor. However, for the sake of restoring faith and honesty in our elections, I will appeal his ruling," Lake tweeted Saturday

On Saturday, Arizona gubernatorial candidate Kari Lake lost her post-midterm election lawsuit against Democrat Governor-elect Katie Hobbs, which alleged Arizona voters were disenfranchised after actions by Hobbs and Maricopa County election officials.

According to local news, in dismissing Lake's case Superior Court Judge Peter Thompson paved the way for Katie Hobbs to be Arizona's next governor, but gave "both sides until Monday for Lake's side to appeal or for Hobbs' side to seek sanctions." Lake tweeted, "My Election Case provided the world with evidence that proves our elections are run outside of the law. This Judge did not rule in our favor. However, for the sake of restoring faith and honesty in our elections, I will appeal his ruling."On Wednesday, Lake's team argued that ballots in the election, which was won by Hobbs with fewer than 18,000 voted, were not valid after a review granted by the court.

Speaking at the courthouse on Thursday, Lake said "They admitted that they've known about these ballot problems."

One of Lake's experts in her case was professional investigator Heather Honey who used statements from Maricopa County election officials to make the case that legal requirements over chain of custody were not followed.

[Amendment10]

"Arizona judge rejects Kari Lake's election lawsuit, Lake to appeal"

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The Arizona judge's decision might be an outcome-driven obstruction of the due process of Section 2 of the 14th Amendment (14A) imo, that section a penalty for states where vote-counting fraud has occurred.

Excerpted from 14A:

"Section 2: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State." [Apportionment of Representatives]

As a side note to this post as it concerns Section 2, please consider the following.

Consider that the post-Civil War congressional Republicans who drafted Section 2 made it to discourage southern Democrats (my word) from rigging the ballot boxes that Democrats are now alleged to have done for 2020, and now 2022 elections!

Apportionment of Representatives

Getting back to Section 2, I'll add the judge's questionable decision about Lake's vote-counting fraud evidence to Section 2's catch-all "in any way abridged" wording.

In other words, the Arizona judge may not only be obstructing the due process of Section 2, but may also be violating that section too.

H O W E V E R...

Let's examine a more glaring (imo) constitutional problem with alleged vote-counting problems of the 2020 elections so we will be better prepared to deal with it again in 2024.

To begin with, there are typically controversies with federal elections, especially presidential elections imo. This because the corrupt, constitutionally undefined political parties are not about to surrender state powers that the feds have been legislatively stealing from the states for the last 100+ years back to the states imo.

• Democrats Have Objected to Electoral Vote Certification For the Last 3 GOP Presidents (1.1.21)

• "From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936

With the fed's constitutionally limited powers versus constitutionally indefensible promises of federal office candidates in mind, let's go back to the voting-counting fraud allegations of J6, 2021.

The allegations were wrongly ignored by Congress imo, the court of public opinion needing to enter a guilty verdict for a bunch of lawmakers who once again blatantly ignored state non-compliance (imo) with the 12th Amendment (12A).

More specifically, the states surrendered their power to make so-called electoral vote "winner take all" laws for example, when they ratified that amendment imo. (Other serious problems with state compliance with 12A too imo.)

Excerpted from the 12th Amendment:

"12th Amendment: The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate [emphasis added], ..."

In fact, Justice Joseph Story had emphasized that the overall effect of a state with divided electoral votes is that it reduces number of electoral votes for a single candidate.

"In case of any party divisions in a state, it may neutralize its whole vote, while all the other states give an unbroken electoral vote." —Justice Joseph Story, Article 2, Section 1, Clauses 2 and 3, Commentaries on the Constitution 3, 1833."

Again, J6 federal lawmakers need to be charged with failing to do their sworn duty to protect and defend the Constitution by voting to refuse to do their duty to police state compliance with 12A, evidenced by unconstitutional (imo) state "winner take all" laws for electoral votes.

Lawmakers also violated Section 3 of the 14th Amendment (imo) by ignoring 12A, and should lose their offices as a consequence imo.

"14th Amendment, Section 3: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof [emphases added]. But Congress may by a vote of two-thirds of each House, remove such disability."

Note that 12A would probably have undergone more public scrutiny if Congress had not "resolved" alleged electoral vote-counting problems on J6, crook lawmakers probably not willing to address ordinary citizen questions concerning government / media electoral vote-counting circus versus 12A.

Finally, consider that the states have never expressly constitutionally given ordinary qualified citizen voters the specific power to vote for POTUS like we have for voting for members of federal Congress. So a part of the problem with processing electoral votes is political party "smoke and mirrors" in converting citizen votes to 12A-limited number of electoral votes, so-called unconstitutional (imo) "winner take all" state laws fore electoral votes discussed earlier evidence of this.

In other words, citizens have been indoctrinated to think that they control who the next POTUS will be, this deliberate confusion arguably a backdoor excuse for uniparty to steal presidential elections.

[Four of Six]

Go back and re-read my post.

It was a question as denoted by the “?” at the end of the sentence rather than a statement which would have had an “!” at the end.

[shadowlands1960]

Since this is going to appeal, I suspect every constitutional angle will be mulled over...

[MIA_eccl1212]

of course it was.

[MIA_eccl1212]

true that.

[MIA_eccl1212]

Methinks the bigger issue is that the judge was threatened to make the “right” judgement.

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yes.

[fwdude]

This nation is dead. It has been for quite a while.

[fwdude]

I didn’t think proving malfeasance was required to void the election, only enough error to cast doubt on the results.

[navymom1]

I hope you are wrong but I have my fears.....

[garjog]

“Changing those page settings to 19” at multiple locations was completely above board...”

I read in a Fox report that Hobb’s side said that the 19 inch ballots were because someone pressed “shrink to fit” on a copy machine and that all of these 19 inch ballots were still eventually counted.

Did Kari’s attorney’s refute that I hope?
For the appeal they can’t add new evidence.

[lgjhn23]

“..I’m wrestling with why I should bother to vote in ‘24...”
Well, if it makes ya feel any better, you’re certainly not alone with that thought.
Me, personally right now, I’ve pretty much made my mind up; I’m done voting, especially after the severe backstabbing that we all just took. That, right there, was the final straw. The GOP is dead to me. Doomsday is knocking on their door and the goofy, spineless SOBs don’t even realize it. Their base is dwindling away and rightly so. So why even bother? These corrupt UniParty hacks can all go F themselves. I’m pretty much finished with em. Only IF Trump prevails as the nominee would Iprobably go vote for him, and him alone.....nobody else on the down ticket would get a vote as they’ve proven over and over again that they’re nothing but a bunch of fricken’ liars and thieves.
My rant is over....and so is my voting.

[Bratch]

Arizona Judge Rules Against Kari Lake – Multiple Simultaneous Election Errors and Mistakes, But No Irrefutable Proof of Purposeful Intent

December 24, 2022 | Sundance | 381 Comments

Yes, Judge Peter A Thompson has ruled from the Maricopa Superior Court of Arizona, that success for Mrs. Kari Lake’s lawsuit was contingent upon her being able to prove malicious intent on behalf of the country election officials. [Read 10-page Ruling HERE]

The Maricopa County officials have denied malicious intent and are afforded great benefit of doubt; after all, the election result was duly certified.

Therefore, absent direct evidence of corrupt intent by the election officials, which would require them to make admissions in court, any certified outcome is considered valid.

Additionally, yes there were multiple documented problems with ballots, tabulators and chain-of-custody violations; and yes, there were multiple simultaneous failures which would have impeded accurate voting by the residents of Arizona; however, the Lake campaign could not quantify to a demonstrable certainty, the exact number of votes that were impacted by the simultaneous collapse of voting systems, processes and ballot control standards.

Absent Mrs. Lakes’ ability to scientifically and empirically quantify the exact number of votes impacted, there is no basis for a judgement in favor of the plaintiff.

Lastly, the defendant has requested that Mrs. Lake be punished by the court for attempting to question the certification of the election as validated by her opponent, the court will consider what punishment to impose and proclaim the sanctions after Monday, December 26, 2022.

[Full Ruling Here]

“Plaintiff has no free-standing right to challenge election results based upon what Plaintiff believes – rightly or wrongly – went awry on Election Day. She must, as a matter of law, prove a ground that the legislature has provided as a basis for challenging an election. …

“[O]ne who would contest an election assumes the burden of showing that his case falls within the terms of the statute providing for election contests.” … “It was Plaintiff’s burden to establish each element by clear and convincing evidence. If Plaintiff herself failed to sustain her burden of proof, the matter is decided.” …

“As far as evidence of misconduct is concerned, the Court finds nothing to substantiate Plaintiff’s claim of intentional misconduct.” … “Plaintiff’s own witness testified before this Court that the BOD printer failures were largely the result of unforeseen mechanical failure.” …

“It bears mentioning that election workers themselves were attested to by both Plaintiff’s witnesses and the Defendants’ witnesses as being dedicated to performing their role with integrity. Not perfectly, as no system on this earth is perfect, but more than sufficient to comply with the law and conduct a valid election.”  (LINK)

The court will now determine what punishment to apply to Mrs Kari Lake.

[shadowlands1960]

I’m not sure if it was specifically refuted. I only watched about an hour of the first day. Lake doesn’t seem to think it was refuted.

[moehoward]

Agreed.

From the Judges ruling: “As for the actions of elections officials themselves, this Court must presume the good faith of their official conduct as a matter of law. Hunt, 19 Ariz. at 268. “[A]ll reasonable presumptions must favor the validity of an election.” Moore v. City of Page”

If this is where you start, then you add this hurdle...

“3) That the misconduct was intended to change the result of the November 2022 General Election. See Findley, 35 Ariz. at 269.”

It’s not just a heavy lift. It’s completely impossible to prove your case.

[Coronal]

The ballots were counted, it either wasn’t refuted or it didn’t succeed.

[newzjunkey]

Yawn. Wasted time. MOVE ON Kari. Don’t be like Trump

[SisterK]

AZ AG Bronovich is a worthless POS
he will not help us

[SisterK]

They WILL prosecute our side !

I think you misspelled Persecute

[dfwgator]

They want us dead.

[Oystir]

You are exactly right. Yet Freepers read stuff, inaccurate as hell, and believe the Kraken. She never had a legal chance of winning but, guess what, she’s going to appeal! Yay! She better get ready for judicial sanctions. Folks, she is a liar and a loser. And she’s playing you. It’s more Kraken. Her political days are in the dustbin.