Kari Lake’s have apparently given up challenging the results of the 2022 gubernatorial election. Instead, their appeal brief slings new allegations alleging that Maricopa County officials intentionally sabotaged the election and then perjured themselves. They tell the Court of Appeals judges that a new trial would be “futile”. So, instead of correcting alleged errors by the trial judge, they ask the appellate court to just order a new election.
Besides not being how either Election Constests or appeals work, the 61-page Opening Brief devotes nearly half of its bulk addressing “new evidence” about Maricopa County’s certifications of the Vote Center tabulators that helped cause Election Day issues. Those ballots were either later tabulated at the central processing office or were re-cast by voters.
The problems with that are that the Arizona Supreme Court already denied appeals based on those issues, ONLY sending back how Maricopa County applied signature verification policies to the trial court. Superior Court Judge Peter Thompson held a (second) trial in May on that issue. The printers and tabulators were no longer a live part of Lake’s Election Contest.
Lake filed her Opening Brief on the September 15 deadline. She initially filed this Notice of Appeal on May 31, and could have filed this brief several weeks earlier. (It is not usually a period of time in which an appellant is looking for “new evidence”.) The defendants – the Secretary of State’s Office and Contestee Katie Hobbs – have until October 26 to file an Answering Brief. Lake then has up to 20 days to file a Reply.
Chandler attorney Tom Ryan gave his blunt assessment to Arizona’s Law: “The Dynamic Duo of Kurt Olsen and Bryan Blehm double down on false, baseless and previously dismissed claims, wasting taxpayer money again. Division II of the Arizona Court of Appeals will have no problem making quick work of this fiasco. May this truly be the last of the 2022 the frivolous election contest cases.”
(This is a developing situation. Please check back for updates.)
This article was reported by AZ Law founder Paul Weich.
“AZ Law” includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona’s Politics on the internet.