Kari Lake: Arizona judge throws out challenge to defeat in governor race
Trump supporter has refused to concede to Democrat Katie Hobbs but Maricopa judge says no evidence of misconduct
A judge on Saturday threw out Republican Kari Lake’s challenge of her defeat in the Arizona governor’s race to the Democrat Katie Hobbs, rejecting her claim that problems with ballot printers at some polling places on election day were the result of intentional misconduct.
The Maricopa county superior court judge, Peter Thompson, who was appointed by then-Republican governor Jan Brewer, said the court did not find clear and convincing evidence of the widespread misconduct Lake alleged affected the result of the 2022 election. Lake will appeal, she said.
Lake’s witnesses did not have any personal knowledge of intentional misconduct, the judge said, adding: “The court cannot accept speculation or conjecture in place of clear and convincing evidence.”
Lake, who lost by more than 17,000 votes, was among the most vocal Republican midterm candidates promoting Donald Trump’s election fraud lie. While most other election deniers conceded after losing in November, Lake has not. Instead, she asked the judge to either declare her the winner or order a revote in Maricopa county.
Judge Thompson acknowledged the “anger and frustration” of voters who were inconvenienced but noted that setting aside the results of an election “has never been done in the history of the United States”.
“This court’s duty is not solely to incline an ear to public outcry,” he said. “It is to subject plaintiff’s claims and defendants’ actions to the light of the courtroom and scrutiny of the law.”
Lawyers for Lake focused on problems with ballot printers at some polling places in Maricopa county, home to more than 60% of Arizona voters. The defective printers produced ballots that were too light to be read by on-site tabulators. Lines backed up in some areas, amid confusion.
County officials say everyone had a chance to vote and all ballots were counted, since ballots affected by the printers were taken to more sophisticated counters at elections department headquarters. They are in the process of investigating the cause of the printer problems.
Lake’s attorneys claimed the chain of custody for ballots was broken at an off-site facility, where a contractor scans mail ballots to prepare them for processing. They claimed workers put their own mail ballots into the pile, rather than sending their ballots through normal channels, and also that paperwork documenting the transfer of ballots was missing. The county disputes the claim.
Lake faced extremely long odds in her challenge, needing to prove not only that misconduct occurred but also that it was intended to deny her victory and did result in the wrong woman being declared the winner.
Her attorneys pointed to a witness who examined ballots on behalf of her campaign and discovered 14 that had 19in (48cm) images of the ballot printed on 20in paper, meaning the ballots wouldn’t be read by a tabulator. The witness insisted someone changed those printer configurations, a claim disputed by elections officials.
County officials say the ballot images were slightly smaller as a result of a shrink-to-fit feature being selected on a printer by a tech employee looking for solutions to election day issues. They say about 1,200 ballots were affected and that those ballots were duplicated so they could be read and counted.
A pollster testified on behalf of Lake, claiming technical problems disenfranchised enough voters that it would have changed the outcome of the race. But an expert called to testify by election officials said there was no evidence to back up the claim that 25,000 to 40,000 people who would normally have voted did not cast ballots as a result of election day problems.
A witness called on behalf of Lake acknowledged that that people who had their vote rejected by tabulators or ballot-on-demand printers – an occurrence for many voters – could still cast a ballot and have it counted.
“The BOD printer failures did not actually affect the results of the election,” the judge said.
Thompson previously dismissed eight of 10 claims Lake raised in her lawsuit. Among those was the allegation that Hobbs, as secretary of state, and the Maricopa county recorder, Stephen Richer, engaged in censorship by flagging social media posts with election misinformation for possible removal by Twitter.
Thompson also dismissed Lake’s claims of discrimination against Republicans and that mail-in voting procedures are illegal.
Hobbs takes office as governor on 2 January.
On Friday, another judge dismissed the Republican Abraham Hamadeh’s challenge of results in his race against the Democrat Kris Mayes for state attorney general. The court concluded that Hamadeh, who finished 511 votes behind Mayes and has not conceded, did not prove the errors in vote counting he alleged.
A court hearing is scheduled on Thursday to present results of recounts in the races for attorney general, state superintendent and a state legislative seat.
Topics
- Arizona
- Republicans
- US midterm elections 2022
- US politics
- news
Source: US Politics - theguardian.com