Free Republic

The panel affirmed the district court’s dismissal for lack of standing of an action, brought before the 2022 general election by former Republican nominees for Governor and Secretary of State of Arizona, alleging that Arizona’s use of electronic tabulation systems violated the federal Constitution. The gravamen of Plaintiffs’ operative complaint is that notwithstanding safeguards, electronic tabulation systems are particularly susceptible to hacking by non-governmental actors who intend to influence election results. On appeal, Plaintiffs conceded that their arguments were limited to potential future hacking, and not based on any past harm. The panel held that because Plaintiffs are no longer...