The Ninth Circuit Court of Appeals rejected an appeal from Kari Lake and Mark Finchem alleging that Arizona officials made false statements to the courts regarding their lawsuit to stop the use of electronic voting machine tabulators. The panel of three justices, two of whom were appointed to the bench by Democratic presidents, gave no reason for their dismissal on June 20 and also denied a motion for sanctions by defendant Maricopa County, which was filed three days prior.
Lake’s and Finchem’s Motion to Recall Mandate, drafted by attorney Kurt Olsen, stated, “Maricopa’s violations of Arizona law mean its elections have not been shown to be any more reliable than a Ouija board.” The motion said the officials’ alleged lies and perjury, which involved lying about committing misdemeanors, were discovered after obtaining Maricopa County’s tabulator system log (SLOG) files, which the pair maintained contradicted the statements of officials.
The motion sought to reverse the courts’ dismissals based on there being “fraud upon the court, calling into question the very legitimacy of the judgment,” asserting that “Maricopa used software altered from the certified version with respect to “machine behavior settings” (‘MBS’) that govern how ballots are read and tabulated,” “illegally alter[ing] election software,” and committed misdemeanors by failing to test the voting machine tabulators used in the 2020 and 2022 elections. “Further, Maricopa and the SoS actively covered up these facts,” they asserted.
Lake and Finchem said the false statements were central to the Ninth Circuit’s affirmation of their case’s dismissal for lack of standing.
Read the rest of the article at The Arizona Sun Times