Voting-related Litigation: Arizona

1. Laurie Aguilera, et al. v. Adrian Fontes, Maricopa County Recorder, et al.

(Filed November 4, 2020, CV2020 -014083; Voluntarily dismissed November 7, 2020, CV2020 -014083)

Arizona Superior Court: Laurie Aguilera, et al. v. Adrian Fontes, Maricopa County Recorder, et al. was filed in Arizona Superior Court, Maricopa County, on November 4, 2020. Plaintiffs complained that their votes in the November 3, 2020, General Election were not counted by the tabulating equipment because they used a marker (Sharpies) on their ballots. Election officials said the machines were designed to use Sharpies and the votes were counted correctly. ^[1]Howard Fischer, “#SharpieGate goes to court, Fontes calls it ‘hoo hah,’” azcapitoltimes.com, November 5, 2020

The case was assigned to the Hon. Margaret R. Mahoney, a Republican appointee. Plaintiffs voluntarily dismissed the suit on November 7, 2020.

Issues: Voting machines (questioned whether ballots marked with Sharpies were counted)

Outcome: Since the Plaintiffs did not prevail, this is considered a loss.

 

2. Donald J. Trump for President, et al. v. Katie Hobbs, Secretary of State of Arizona, et al.

(Filed November 7, 2020, CV2020-014248; Dismissed November 13, 2020, CV2020-014248)

Arizona Superior Court: Donald J. Trump for President, et al. v. Katie Hobbs, Secretary of State of et al. was filed in Arizona Superior Court, Maricopa County, on November 7, 2020. Plaintiffs challenged the November 3, 2020, General Election over the alleged failure of electronic tabulation devices to properly count votes. The case was assigned to the Hon. Daniel Kiley, a Republican appointee. With agreement of all parties, on November 13, 2020, the case was dismissed with prejudice as moot after it became evident that the number of votes contested by Plaintiffs could not overcome Biden’s margin of victory at the time.

Issues: Voting machines (tabulating machine errors)

Outcome: The Plaintiffs lost.

 

3. Laurie Aguilera and Donovan Drobina, et al. v. Adrian Fontes, Maricopa County Recorder, et al.

(Filed November 12, 2020, CV2020-014562; Dismissed with prejudice November 29, 2020, CV2020 -014562; Appeal dismissed June 15, 2021, 20-0688)

Arizona Superior Court: Laurie Aguilera and Donovan Drobina, et al. v. Adrian Fontes, Maricopa County Recorder, et al. was filed in Arizona Superior Court, Maricopa County, on November 12, 2020. Plaintiffs alleged that their votes were not counted in the November 3, 2020, election because the electronic voting machine did not perform properly. The case was assigned to the Hon. Margaret R. Mahoney, a Republican appointee. The case was dismissed with prejudice for failure to state a claim on which relief could be granted on November 29, 2020.

Arizona Court of Appeals: On December 28, 2020, Plaintiffs filed an appeal to the Arizona Court of Appeals, seeking review of Defendants’ failure to open the electronic adjudication to the public. The Hon. David Gass, a Republican appointee, was joined by the Hon. Michael Brown, a Democratic appointee and the Hon. David Weinzweig, a Republican appointee, in dismissing the appeal for lack of jurisdiction on June 15, 2021.

Issues: Voting machines (tabulation machine errors)

Outcome: The Plaintiffs lost.

 

4. Arizona Republican Party v. Adrian Fontes, Maricopa County Recorder, et al.

(Filed November 12, 2020, CV2020-014553; Dismissed in part, November 18, 2020, CV 2020-014553; Remainder dismissed, December 21, 2020, CV2020-014553)

Arizona Superior Court: Arizona Republican Party v. Adrian Fontes, Maricopa County Recorder, et al., was filed in Arizona Superior Court, Maricopa County, on November 12, 2020. Plaintiff challenged the ballot batches used in the hand-count audit of the November 3, 2020, General Election. The case was assigned to the Hon. John R. Hannah, Jr., a Democratic appointee. The orders of November 18, and December 21, 2020, dismissed Plaintiff’s case with prejudice because Plaintiff did not show misconduct or fraud.

The Secretary of State of Arizona filed a Motion for Attorneys’ Fees, asserting Plaintiff’s suit was filed in bad faith. On March 12, 2021, Judge Hannah, Jr. ordered Plaintiff and its attorneys to pay attorneys’ fees of $18,250 to the Secretary of State Katie Hobbs because the lawsuit was filed in bad faith.

Arizona Court of Appeals: On April 13, 2021, the Arizona Republican Party filed its appeal, 1CA-CV 21-0201, in the Arizona Court of Appeals, objecting to the finding that its lawsuit was filed in bad faith and the resulting sanction. The case was assigned to the Hon. Randall Howe, a Republican appointee, the Hon. Brian Furuya, a Republican appointee, and the Hon. Michael Brown, a Democratic appointee. The appeal has been conferenced and the matter is under advisement as of January 17, 2022.

Issues: Ballot counting procedure (challenged sample of ballots used in hand count audit)

Outcome: The Plaintiff lost.

 

5. Kelli Ward v. Constance Jackson, et al.

(Filed November 24, 2020, CV2020-015285; Dismissed December 4, 2020, CV2020-015285; Cert. denied February 22, 2021, 20-809)

Arizona Superior Court: Kelli Ward V. Constance Jackson, et al., was filed in Arizona Superior Court, Maricopa County, on November 24, 2020. Plaintiff challenged the November 3, 2020, General Election over purported voting irregularities, including the alleged failure to properly verify signatures on mail-in ballots. The case was assigned to the Hon. Randall H. Warner, a Democratic appointee. On December 4, 2020, the court dismissed Plaintiff’s complaint, ruling that Plaintiff failed to present evidence of misconduct, illegal votes or illegal vote counting.

Arizona Supreme Court: The same day, December 4, 2020, Plaintiff filed a Notice of Appeal in the Arizona Supreme Court for review of the Superior Court decision that denied Plaintiff’s request for more time to review more samples of ballots. The appeal was reviewed en banc. On December 8, 2020, the Hon. Robert Brutinel, a Republican appointee, affirmed the Superior Court’s decision.

US Supreme Court: On December 11, 2020, Plaintiff filed a Petition for Writ of Certiorari in the US Supreme Court. The Petition made two claims: the Electoral Count Act imposed unconstitutional deadlines on Plaintiff to perform ballot inspection and the Plaintiff was denied due process because she was not allowed to perform additional ballot inspection. On February 22, 2021, the court denied the Petition.

Issues: Vote-by-mail (improper signature verification)

Outcome: The Plaintiff lost.

 

6. Tyler Bowyer, et al. v. Governor Doug Ducey, et al.

(Filed December 2, 2020, 2:20-cv-02321-DJH; Dismissed December 9, 2020, 2:20-CV-02321-DJH; Mandamus denied March 1, 2021, 20-858)

US District Court: Tyler Bowyer, et al. v. Governor Doug Ducey, et al., was filed in the US District Court for the District of Arizona on December 2, 2020. The case challenged the November 3, 2020, General Election over alleged problems with signature verification and voting machines, and alleged massive fraud. The case was assigned to the Hon. Diane J. Humetewa, a Republican appointee. On December 9, 2020, the case was dismissed because Plaintiffs failed to provide any evidence in support of their claims.

US Court of Appeals: Plaintiffs filed an appeal of Judge Humetawa’s decision in the US Court of Appeals for the Ninth Circuit on December 10, 2020. The case had not been assigned to a judge before Plaintiffs voluntarily dismissed their appeal on April 13, 2021.

US Supreme Court: On December 24, 2020, Plaintiffs filed a Petition for Writ of Mandamus in the US Supreme Court, requesting an order to delay certification and vacate Judge Humetewa’s dismissal order of December 9, 2020. The court denied mandamus on March 1, 2021.

Issues: Voting machines (alleged fraud using Dominion machines); Vote-by-mail (illegal ballots added to results, improper signature verification)

Outcome: The Plaintiffs lost.

 

7. James Stevenson, et al. v. Governor Doug Ducey, et al.

(Filed December 4, 2020, CV2020-096490; Voluntarily dismissed December 7, 2020, CV2020-096490)

Arizona Superior Court: James Stevenson, et al. v. Governor Doug Ducey, et al., was filed in Arizona Superior Court, Maricopa County, on December 4, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities, including an allegedly high absentee ballot error rate. The case was assigned to the Hon. David J. Palmer, a Republican appointee. On December 7, 2020, the case was voluntarily dismissed without prejudice by the Plaintiffs.

Issues: Vote-by-mail (absentee ballot error rate too high)

Outcome: Since the Plaintiffs did not prevail, this is considered a loss.

 

8. Staci Burk v. Governor Doug Ducey, et al.

(Filed December 7, 2020, S1100CV202001869; Dismissed December 15, 2020, S1100CV202001869; Cert. denied May 3, 2021, 20-1243)

Arizona Superior Court: Staci Burk v. Governor Doug Ducey, et al., was filed in Arizona Superior Court, Pinal County, on December 7, 2020. This single Plaintiff challenged the November 3, 2020, General Election based on alleged ballot stuffing and problems with voting machines. The case was assigned to the Hon. Kevin White, a Democratic appointee. On December 15, 2020, the case was dismissed because Plaintiff, an unregistered voter, lacked standing to challenge the election.

Arizona Supreme Court: The next day, on December 16, 2020, Plaintiff filed a Notice of Appeal with the Arizona Supreme Court, seeking review of the Superior Court decision. On January 5, 2021, after en banc consideration by the Hon. Robert M. Brutinel, the Hon. Ann A. Scott Timmer, the Hon. Andrew Gould and the Hon. John R. Lopez, all Republican appointees, the court affirmed Judge White’s decision that Plaintiff lacked standing. An Amended Decision Order was issued on January 6, 2021, to address a typographical error. Plaintiff filed a Motion for Reconsideration on January 25, 2021. After en banc consideration, the court denied Plaintiff’s request for a rehearing on January 26, 2021.

US Supreme Court: On March 3, 2021, Plaintiff petitioned the US Supreme Court for Writ of Certiorari. Plaintiff claimed she was denied her constitutional rights for the alleged cancellation of her voter registration. The Petition was denied on May 3, 2021.

Issues: Widespread fraud; Voting machines (alleged fraud using Dominion machines); Vote-by-mail (illegal ballots added to results)

Outcome: The Plaintiff lost.

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