Wednesday, September 14, 2022

BREAKING: Kari Lake/Mark Finchem APPEAL Dismissal Of Their Quixotic Suit To Require Hand Count Of Ballots

 Although the judge dismissed it for multiple reasons, candidates Kari Lake and Mark Finchem are appealing and asking the Ninth Circuit to reinstate their case to require a hand count of this coming election's ballots. 

Lake and Finchem filed a Notice of Appeal this afternoon. On August 26, U.S. District Court Judge John Tuchi dismissed the entire case, determining that "Plaintiffs lack standing because they have articulated only conjectural allegations of potential injuries that are in any event barred by the Eleventh Amendment, and seek relief that the Court cannot grant under the Purcell principle."

The Purcell principle - U.S. Supreme Court guidance that courts should be very reluctant to rule on cases in ways that might create changes for an impending election - makes it extremely unlikely that the Ninth Circuit would step in and require a massive Arizona hand count this year. (The now-famous Purcell principle was handed down in a case involving then-Maricopa County Recorder Helen Purcell.)

Of course, a Ninth Circuit reversal would seem extremely unlikely even if the election was not only 7 weeks away. As Chandler attorney Tom Ryan reacted, "It has no chance in hell of success!"

The appeal might also serve to put some new juice into Maricopa County's Rule 11 Motion for Sanctions against Lake, Finchem and their attorneys. Lake is running for Governor and Finchem for Secretary of State. (Nationally-known Alan Dershowitz is among the legal team.) The Republican-led County filed the motion because of the plaintiffs' repeated claims that Arizona needs to use paper ballots. We already use paper ballots.

That Motion was filed shortly before the dismissal of the case "in its entirety" and Judge Tuchi has not taken any action on it since. (Arizona's Law had been making inquiries earlier today about the status of the Motion.)

This article was reported by AZ Law founder Paul Weich. Paul was running for a seat in Arizona's House of Representatives.

"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. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

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