Monday, November 9, 2020

NOT TOO SHARP-IE: Trump Campaign's Arizona Lawsuit Set For Evidentiary Hearing On Thursday

Judge Daniel Kiley has set Thursday, November 12 as the trial on President Trump's lawsuit alleging that poll worker errors dealing with potential overvotes may have cost the President "up to thousands of additional votes" for the President (and other Republican candidates).

At a rushed Monday afternoon hearing, attorneys for Maricopa County and the Secretary of State told the Superior Court judge that only 180 ballots cast on Election Day contained overvotes in the Presidential race. (If anyone else had inadvertently voted for both Donald Trump and Joe Biden, he or she opted to "spoil" that ballot and properly mark a new ballot.)

Trump campaign attorney Kory Langhofer attempted to refocus the issue by noting that they were also concerned about overvotes in other races.

Kiley did put the kibosh on a portion of the legal maneuvering, when he denied an attempt to intervene by the plaintiffs who had filed last week's so-called Sharpiegate case. After the judge in that case conducted a Thursday hearing and set a scheduling order on Friday, the conservative Public Interest Legal Foundation dismissed the suit on Saturday. 

Hours later, the Trump campaign filed its action broadening the allegations of harm allegedly caused by the marking pens. The Sharpiegate attorneys moved today to join in the case, saying that they got caught in a "clash of titans" (when the political parties intervened) and that they still wanted to be involved. Judge Kiley said that they had had their chance.

For pleadings and more information on the case, please see our articles from earlier, here, here and here.

"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.

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