Kari Lake and Mark Finchem filed a Petition for Certiorari with the U.S. Supreme Court on Thursday, appealing the dismissal of their lawsuit against Arizona officials to stop the use of electronic voting machine tabulators. The 210-page petition added new allegations stating that the defendants lied to the court and that new evidence had surfaced exposing the vulnerabilities of the machines to bad actors.
“New evidence from other litigation and public-record requests shows defendants made false statements to the district court regarding the safeguards allegedly followed to ensure the accuracy of the vote, on which the district court relied,” the petition asserted.
Their original complaint sought to stop the use of the voting machine tabulators in the 2022 election, citing the vulnerabilities. U.S. District Judge John Tuchi, who was appointed to the bench by Barack Obama, dismissed the complaint. Despite producing evidence of “actual electronic vote tampering in prior elections,” the petition asserted, Tuchi said it was too “speculative” for Article III standing. Article III standing refers to the requirements in the Constitution for bringing a lawsuit in federal court; plaintiffs must have suffered an “injury in fact” caused by the defendant, and the court must be able to provide a form of redress.
After the Maricopa County Supervisors, represented by Maricopa County Attorney Rachel Mitchell, asked for sanctions, Tuchi awarded $122,000 in sanctions against Lake’s and Finchem’s attorneys. The Ninth Circuit Court of Appeals rejected the pair’s appeal in October, stating there was no “particularized injury.”
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