Kari Lake filed her Petition for Review of a Special Action Decision of the Court of Appeals on Wednesday with the Arizona Supreme Court. The petition contended that the Arizona Court of Appeals panel ignored Arizona election laws, including previous court precedent, to dismiss her appeal.
Lake’s petition stated, “The Opinion directly contradicts this Court’s admonition that “election statutes are mandatory, not ‘advisory,’ or else they would not be law at all,” citing the Arizona Supreme Court’s 1994 decision in Miller v. Picacho Elementary School District No. 33.
Another violation by the lower court, the petition asserted, was applying the wrong standard of proof. “[B]y requiring clear-and-convincing evidence of outcome-determinative vote swings, the
Opinion conflicts with the longstanding requirement that violations “affect the result, or at least render it uncertain’ under Findley v. Sorenson.” That case involved the validity of numerous votes in an election for a Mesa Union High School District trustee.
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