Arizona Supreme Court Hears Oral Arguments from Arizona Republican Party Appealing Sanctions over Election Lawsuit, Grills Opposing Attorney

Arizona Supreme Court

The Arizona Supreme Court heard oral arguments last week from the Arizona Republican Party (AZGOP) and opposing litigant Secretary of State (AZSOS) over lower courts awarding sanctions against the AZGOP for filing a “groundless” lawsuit “in bad faith.” The AZGOP sued Arizona officials immediately after the 2020 election for conducting a post-election audit that the AZGOP contended did not comply with the law. The AZGOP said the law required the audit to be conducted at the precinct level, but the audit was conducted at the voting center level according to the state’s Election Procedures Manual (EPG), which the AZGOP claimed contradicted state law. 

The AZGOP said A.R.S. § 16-602 requires precinct-level audits. The relevant part of that statute, (B)(1), provides, “ At least two percent of the precincts in that county, or two precincts, whichever is greater, shall be selected at random from a pool consisting of every precinct in that county.” In contrast, the EPM states that in counties which utilize vote centers, vote centers will be used for the audits. 

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Progressive Election Lawyer Marc Elias Attacks New Election Integrity Lawsuits in Arizona, Claims Republicans Want to Cheat

Republicans have filed five election integrity lawsuits recently in Arizona, attracting the ire of election fraud denier and progressive attorney Marc Elias.

Elias issued a video last week analyzing some of the lawsuits, which he described as “anti-voting lawsuits” that seek to make it “harder to vote and easier to cheat,” part of a “plan Republicans have to undermine elections and suppress voters.”

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Maricopa County Judge Recuses Himself from Election-Related Case Due to Activist Brother’s Social Media Posts Denigrating Republican Election Lawsuits

Judge

Opposition is increasing to the judges assigned to handle election related lawsuits in Arizona, as their biases are being revealed. After Arizona Senate Majority leader Warren Petersen (R-Mesa) and House Speaker Ben Toma (R-Peoria) requested that Maricopa County Superior Court Judge Tim Ryan recuse himself from their lawsuit challenging the state’s Election Procedures Manual (EPM) because of his progressive activist older brother’s posts on X, Ryan voluntarily recused himself. 

The Arizona State Senate Republican Caucus issued an announcement praising the recusal. “His brother, Tom Ryan, is a liberal attorney who plagues social media with his contempt for the Republican-controlled Arizona Legislature with an incessant number of juvenile posts,” the statement said. “There is no way anyone who has witnessed the antics of Judge Ryan’s brother, which included case-specific criticisms and commentary, can credibly believe that Judge Ryan could give the Legislature a fair trial.”

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Arizona Free Enterprise Club Files Lawsuit Against Adrian Fontes over ‘Illegal’ and ‘Most Radical’ Elections Procedures Manual in Arizona’s History

The Arizona Free Enterprise Club (AFEC) filed a lawsuit last week against Secretary of State Adrian Fontes, accusing him of making illegal changes to the state’s Election Procedures Manual (EPM).

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