Tuesday, April 27, 2021

BREAKING: "Today In Election Audit Legal News", 11am Hearing In Superior Court

1) At 11am this morning, the new judge on the case (Daniel Martin) will be holding a get-up-to-speed return hearing on the Arizona Democratic Party's/Supervisor Steve Gallardo's lawsuit against the State Senate and Cyber Ninjas conducting the recount/audit.

I will be joined by Chandler attorney Tom Ryan for coverage of the hearing, on Twitter. You can click on the tweet below to be taken to that page, then you can "refresh" to read additional tweets.

2) Our NUTSHELL of this morning's hearing:

a. There is no court order currently hanging over the audit. (Which doesn't mean they should go haywire, natch.)

b. Hearing tomorrow at 10:30 on whether to put an order back in place.

c. No change in media/public access. First Amdmt Coalition is now in case, but for limited purpose of fighting Cyber Ninjas efforts to file their procedures under seal.

d. @SecretaryHobbs  also in, Staci Burks out. (Libertarians want to file amicus brief.)

3) Jen Fifield of the Arizona Republic has announced that members of the media have reached an agreement with the State Senate/Cyber Ninjas to allow pool media coverage of the audit/recount. Meanwhile, Ken Bennett (the Senate's liaison to the Cyber Ninjas) will hold a news conference at 5pm.

4) Some ANALYSIS of today's hearing and where we're at:

"I don’t see either Judge Martin or the AZ Supreme Court shutting down the Senate/Ninjas audit/recount at this point.

The unfortunate origin of this legal dispute is that this audit is extra-legal – we never anticipated this kind of post-election game.

So, the State Senate – the body that passes the election integrity laws we already have in place – did not lay down any procedures ----let alone laws ---- to be followed by the Cyber Ninjas.

That problem was exacerbated because Maricopa County, the Secretary of State and the AZ Democratic Party – kept waiting for procedures to become public. So they didn’t file this until the last minute. (Same with the media.)

Now, the judges need to carefully step through this minefield." --PW


(Check back frequently for updates and new court filings. For previous updates and to read earlier court filings, please go here and here and here. For our article about how judges are chosen for this - and, other - cases, go 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. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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  1. Out of curiosity, could a voter waive their right to confidentiality for their ballot? Or provide an affidavit or something granting access to their ballot to the company conducting the audit strictly for the purposes of the audit?

  2. There is no way to record the way you voted unless you announce it to everyone. That is the beauty of a paper ballot. It has no demarcations that tie a ballot to an individual.


TODAY IN ELECTION AUDIT LEGAL NEWS: Dismissal of Democrats' Challenge To Audit Signed By Judge (Settlement Agreement Still In Place)

In today's legal news surrounding the State Senate Republicans/Cyber Ninjas recount/audit of Maricopa County's November election: 1)...