Kari Lake and Mark Finchem appealed their lawsuit to ban the use of electronic voting machines to the United States Supreme Court on Thursday. This comes after the 2022election where 60% of the machines in Maricopa County were programmed intentionally to fail. This was the biggest voter fraud election since 2020.
The filing includes “new allegations,” some of which were previously mentioned in Kari Lake’s lawsuit to overturn the stolen election, including:
- First, Maricopa did not conduct the required L&A testing, on which the district court relied to find the risk of election interference speculative.
- Second, Maricopa did not use certified software, on which the district court relied to find the risk of election interference speculative.
- Third, Maricopa used software that made all passwords needed to control Maricopa elections available to anyone with physical or remote access, which supports petitioners’ allegations and evidence that past elections were manipulated.
- Fourth, altering election software without the Arizona Secretary of State’s approval is criminal act under Arizona law, A.R.S. §§16-449(A), 16- 452(C), 16-1009, 16-1004(B), 16-1010, thereby evaporating presumptions in their favor under Arizona law. See note 5, infra (Arizona’s “bursting bubble” theory of nonstatutory presumptions).
- Fifth, Maricopa’s officials misrepresented their compliance with Arizona election law (e.g., L&A testing, certified software), which negates any presumptions in their favor under Arizona law. See note 5, infra (Arizona’s “bursting bubble” theory of nonstatutory presumptions).
- Sixth, Maricopa officials abdicated control over the complex election systems to embedded private Dominion employees who lack any presumption of regularity under Arizona law. See note 4, infra.
“This litigation offers the opportunity to address critical faults in election infrastructure before the 2024 election,” the attorneys write in the 38-page filing to the Nation’s highest court.
Kari Lake is the Trump-Endorsed US Senate Candidate in the GOP Primary, where she leads by far and is on course to face Democrat Ruben Gallego in November.
Mark Finchem is running for Arizona State Senate in Arizona’s Legislative District 1 with President Trump’s Endorsement.
VISIT OUR YOUTUBE CHANNELThank you, sir. A great honor! I will not let you or the people of Arizona down! #LD1 pic.twitter.com/ms1FqxaeTK
— Mark Finchem for AZ Senate (@RealMarkFinchem) March 12, 2024
Sign my petition: https://t.co/qxYafRgKgk
Hello, as many of you know, I'm Representative Mark Finchem, former Republican nominee for Secretary of State.
I am a pro-Trump America First conservative running for Arizona Senator in #LD1 to secure the border, stand up to the… pic.twitter.com/cfCIgHx1SB
— Mark Finchem for AZ Senate (@RealMarkFinchem) March 12, 2024
The Ninth Circuit Court of Appeals dismissed Lake and Finchem’s lawsuit on October 16, 2023, claiming that Lake and Finchem did not have standing and that they “failed to establish that a future injury was either imminent or substantially likely to occur.”
Attorneys for Lake and Finchem argue to the Supreme Court that “Petitioners have suffered and still suffer particularized, concrete injuries from Maricopa’s unlawful election policies and execution. Moreover, because petitioners suffer these concrete injuries, they also have standing to challenge procedural injuries from procedural violations of election law. See Summers, 555 U.S. at 496; Section I.A.2, infra. Significantly, these injuries persist as to future elections, even if this case became moot as to the 2022 election.”
Previously, Ninth District Judge John Tuchi, the same federal judge who ruled that Maricopa County was justified in discriminating against TGP reporter Jordan Conradson and thwarting his First Amendment rights as a reporter to access the County’s press room after the 2022 election disaster, sanctioned Lake and Finchem’s attorneys over their effort to ban voting machines before the 2022 election. This was even after 60% of voting machines failed to tabulate Republican in-person votes on election day in 2022. In fact, Tuchi waited months from July 18, 2022, until December 1, 2022–after the rigged midterm election–to sanction Lake and Finchem and deter any election challenges.
Tuchi even admitted in his ruling that sanctions were intended to “send a message to those who might file similarly baseless suits in the future.”
Lake and Finchem’s attorneys separately appealed these sanctions to the Ninth Circuit for further review.
