A panel of three Arizona Court of Appeals judges heard oral arguments on Thursday in Kari Lake’s Rule 60(b) appeal of her election lawsuit. Lake’s attorney, Kurt Olsen, alleged that Maricopa County Co-Elections Director Scott Jarrett told numerous lies.
Lake’s team filed the Rule 60(b) motion requesting a second trial based on newly found evidence, but the trial court judge, Maricopa County Superior Court Judge Peter Thompson, greatly limited the scope of her second trial and then ruled against her.
Olsen said during oral argument that the Rule 60(b) motion addressed three new types of evidence that emerged after the original trial. He said the Rule 60(b) motion addressed three new types of evidence that emerged after the original trial. He said first, they discovered that Maricopa County did not comply with the mandatory Logic & Accuracy tests on the voting machine tabulators.
Second, they discovered that the county “conducted unannounced testing on the tabulators using the vote centers prior to Election Day.” He noted that out of the 466 tabulators used on Election Day, 260 rejected ballots and were “not corrected.” The new evidence showed that the county failed to complete the testing on the tabulators used on Election Day and instead only tested five backup tabulators that were not used.
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