Tag: Petition for Certiorari

Arizona Republican Party Joins Two Other State GOPs Filing an Amicus Curiae Brief in Kari Lake’s and Mark Finchem’s Voting Machine Tabulator Lawsuit

Rachel Alexander
Attorney William Olson

The Arizona Republican Party (AZGOP) submitted a joint Amicus Curiae brief on Thursday with the Georgia Republican Party and the Republican State Committee of Delaware supporting Kari Lake’s and Mark Finchem’s Petition for Certiorari with the U.S. Supreme Court. The pair are appealing the lower courts’ decisions against their lawsuit challenging the use of electronic voting machine tabulators in elections. Under the new leadership of AZGOP Chair Gina Swoboda, who has a lengthy history in election integrity work including heading the Voter Reference Foundation, the AZGOP is heavily focused on election integrity. 

Authored by attorney William J. Olson, the brief argues that the Ninth Circuit Court of Appeals erred by dismissing the case claiming Lake and Finchem lacked standing. The court affirmed the trial court’s granting of the defendants’ motion to dismiss, asserting that the pair lacked standing because “speculative allegations that voting machines may be hackable are insufficient to establish an injury in fact under Article III.” The complaint emphasized that the lower courts “conflated standing with merits, twisting the standing rules to require much more — that the complaint prove facts sufficient to grant relief.” 

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Kari Lake and Mark Finchem File New Brief with U.S. Supreme Court in Voting Machine Tabulator Case After Defendants Fail to Respond

Rachel Alexander
Kari Lake Mark Finchem

Kari Lake and Mark Finchem filed a Supplemental Brief with the U.S. Supreme Court on Tuesday, adding support for their Petition for Writ of Certiorari and Motion to Expedite asking the court to hear an appeal of the dismissal of their lawsuit to stop the use of electronic voting machine tabulators in elections. The defendant Arizona officials failed to file a response to the pair’s petition, boosting the chances SCOTUS might accept the case and implying they did not object to the statements in the petition. 

The new brief added more allegations of false representations by Maricopa County officials. It said the courts relied on their false representations when they dismissed and affirmed their case, sanctioning the pair’s lawyers. The Ninth Circuit Court of Appeals held that the plaintiffs’ injuries were “too speculative” for Article III, which requires showing of an injury. The brief said the court based this determination “in part on false representations that Maricopa County performed required preelection logic and accuracy (‘L&A’) testing and used certified and approved voting system software.” The court “expressly relied on false representations that Maricopa’s elections were protected from manipulation.”

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Kari Lake and Mark Finchem Add Cybersecurity Experts’ Testimony About Newly Discovered ‘Artificial Control’ over the Tabulation of Ballots Using Electronic Voting Machines to their SCOTUS Appeal

Rachel Alexander

Attorneys for Kari Lake and Mark Finchem filed additional pleadings last week with their Petition for Certiorari at the U.S. Supreme Court, providing new evidence to their plea to the court to reconsider the lower courts’ rulings against their lawsuit to stop the use of voting machine tabulators. The new filings include a Motion to Expedite and declarations from top cybersecurity experts, who provided evidence that “overwhelmingly demonstrates” that the election results in 2020 and 2022 from Maricopa County contained “artificial control over the tabulation of ballots and the election results for the November 2020 election.” Additionally, they asserted that the county thwarted efforts to obtain the new data, which is a crime punishable by up to a year of incarceration.

The appendix to the Petitioners’ Motion to Expedite included 176 pages of new affidavits from Clay Parikh, Benjamin Cotton, and Walter Daugherity. Daugherity, who taught computer science and engineering at both the undergraduate and graduate levels for 37 years and served as a computer consultant to major firms and government agencies, including classified work, said this was his second declaration filed in the case, based on the new information from Maricopa County. That information included system log files from Maricopa County’s electronic voting tabulators in the 2020 election, and according to Parikh, “a copy of Maricopa County’s election systems database and the forensic images of the vote center tabulator memory cards used in the 2020 General Election.” 

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Kari Lake, Mark Finchem Appeal Their Case Seeking to Ban Electronic Voting Machine Tabulators to the U.S. Supreme Court, Add New Evidence Including ‘False Statements’ by Defendants

Rachel Alexander
Kari Lake and Mark Finchem

Kari Lake and Mark Finchem filed a Petition for Certiorari with the U.S. Supreme Court on Thursday, appealing the dismissal of their lawsuit against Arizona officials to stop the use of electronic voting machine tabulators. The 210-page petition added new allegations stating that the defendants lied to the court and that new evidence had surfaced exposing the vulnerabilities of the machines to bad actors.

“New evidence from other litigation and public-record requests shows defendants made false statements to the district court regarding the safeguards allegedly followed to ensure the accuracy of the vote, on which the district court relied,” the petition asserted. 

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