Tag: Arizona Court of Appeals

Court Forces Secretary of State Adrian Fontes to Turn Over Voter Registration Information on 218,000 Voters Lacking Proof of Citizenship

Rachel Alexander
AZ Sec State Adrian Fontes

Secretary of State Adrian Fontes was ordered on Thursday to turn over by Monday the voter registration information on 218,000 voters in Arizona who are registered to vote but who failed to provide proof of citizenship. He appealed the decision immediately afterwards, with two organizations submitting amicus curiae briefs supporting him, but the Arizona Court of Appeals issued an order Monday morning affirming the lower court’s decision to require the list in response to a public records request from America First Legal (AFL). 

James Rogers, America First Legal Senior Counsel, said in a statement regarding the case, “When Secretary Fontes discovered the glitch that allowed 218,000 individuals to register without providing proof of citizenship, he should have immediately shared the list of affected individuals with Arizona’s county recorders, who are in charge of verifying the citizenship of voters. Instead, he has jealously guarded the list, refusing to share it with anyone.”

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Arizona Appeals Court Ignores Evidence to Throw Out Kari Lake’s Second Election Appeal

Rachel Alexander
Kari Lake Speaking

An Arizona Court of Appeals panel of three judges issued a 23-page unpublished decision last week, affirming a trial court’s dismissal of Kari Lake’s Rule 60(b) second election lawsuit. The court claimed that Lake’s Rule 60(b)(3) motion, which means requesting a second trial based on newly found evidence, constituted merely relitigating her first election lawsuit.

The court said that instead, “The focus must rather be on the fraud or misconduct that prevents a litigant from trying otherwise meritorious claims.” However, the court ignored Lake’s evidence of misconduct and affirmed the high standard the trial court judge set for election contests, which is not found in Arizona case law.

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During Oral Arguments at the Arizona Court of Appeals in Kari Lake’s Election Lawsuit, Her Attorney Alleged Numerous Lies by Election Official

Rachel Alexander
Kari Lake Hearing

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.

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New Brief Filed in Kari Lake’s Election Challenge Alleges Maricopa County ‘Lied’ About the 2022 Logic and Accuracy Testing and ‘A Plan to Rig the Election’

Rachel Alexander

Kari Lake filed a reply brief in her election case appeal with the Arizona Court of Appeals on Tuesday. It accused Maricopa County of rigging the 2022 election, and said the county admitted wrongdoing in its answering brief. Her appeal is asking to overturn the lower court’s ruling rejecting her Rule 60(b) motion, which asked to consider new evidence that had arisen since the trial. A Rule 60(b) motion asks the court for relief from an entry or judgment, which the trial court refused to grant after her trial.

Drafted by attorney Bryan Blehm and signed also by Lake’s attorney Kurt Olsen, the summary in the introduction stated, “In its Answering Brief, Maricopa makes demonstrably false or misleading arguments to distract the Court from the evidence and admissions showing that Maricopa blatantly violated Arizona election laws, falsely certified it conducted L&A testing on October 11, 2022, and apparently rigged the November 2022 Election to fail on Election Day.” 

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Abe Hamadeh Files Opening Brief with Arizona Court of Appeals as New Information Comes Out About Voter Registrations Changed to Other Counties

Rachel Alexander

Abe Hamadeh filed his opening brief with the Arizona Court of Appeals last week, after Mohave Superior Court Judge Lee Jantzen refused to grant him a new trial. Hamadeh requested the trial after discovering that then-Secretary of State Katie Hobbs withheld evidence from him before his trial regarding undervotes, votes not counted that resulted in narrowing Democrat Kris Mayes’ lead in the attorney general’s race to only 280 votes.  

Much of Hamadeh’s brief also challenged the refusal of Maricopa County to allow him to examine provisional ballots. Over 9,000 provisional ballots have not been counted in his race. Many of them were cast by voters who found their voter registration mysteriously changed to another county. On Thursday, Hamadeh posted a chart on X showing how Maricopa and Pima Counties had a strikingly large number of provisional ballots.

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Kari Lake Files Opening Brief with Arizona Court of Appeals in Election Lawsuit Containing New Evidence and Alleging Crimes

Rachel Alexander

Kari Lake’s appeal of the second dismissal of her lawsuit by the trial court judge is winding its way back up through the courts. Last week, she filed her opening brief with the Arizona Court of Appeals. Much of the brief focused on Maricopa County’s failure to conduct Logic & Accuracy (L&A) testing and the failure to compare voters’ signatures on their mail-in ballot affidavits to the signatures on their voter registrations, both a violation of state law and the state’s Election Procedures Manual (EPM). Violations of the EPM are class 2 misdemeanors.

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Arizona Court Expands Expungement to Illegal Cannabis Sellers

The Center Square

The Arizona Court of Appeals made a significant ruling this week, stating that prior convictions and arrests related to the sale of marijuana are now eligible for expungement. 

“Today’s decision is a great embodiment of the will of the Arizona voters who elected to undo the harms caused by the overpolicing of marijuana laws,” Martin Hutchins, lead attorney and program manager for the Reclaim Your Future campaign – a state-funded expungement effort – said in a statement May 30. 

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Arizona Gov. Katie Hobbs Has a Chance to Sign Bill Expanding Judge Retainment Elections

Neil Jones

Among the nearly 100 bills delivered to Governor Katie Hobbs (D) by the Arizona State House on Monday is one relating to judge retainment elections. 

House Bill (HB) 2757, sponsored by House Speaker Ben Toma (R-Peoria), addresses judges from the Arizona Court of Appeals (ACOA), which has two divisions, one in Phoenix and the other in Tucson. The ACOA comprises 28 judges, with 19 in Division 1 and nine in Division 2. Under current law, these judges are first appointed by the governor for an initial term of two years, but after that point, judges can only retain their position if approved by the public in an election. However, the only citizens who can vote to keep an ACOA judge are those within the court’s division. So, when a Division 2 judge is up for election, only Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham, and Gila County residents can make that decision.

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Kari Lake Files New Motion, Claims Runbeck ‘Inserted’ Ballots

Rachel Alexander

After the Arizona Supreme Court remanded Kari Lake’s election contest back to the trial court to reconsider the signature verification problems and began considering sanctions against her, Lake responded with a new pleading. Lake filed a Petitioner’s Opposition to Motion for Sanctions and Cross-Motion for a Procedural Order for Leave to File a Motion for Reconsideration of the Denial of her Petition for Review on Wednesday in the Arizona Supreme Court.

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Arizona Court of Appeals Sides with Katie Hobbs in Election Challenge

Neil Jones

The Arizona Court of Appeals officially sided with Go. Katie Hobbs (D) in the ongoing election challenge filed by Republican Kari Lake. However, Lake has already said this is not the end and that the Arizona Supreme Court is her next destination.

“BREAKING: I told you we would take this case all the way to the Arizona Supreme Court, and that’s exactly what we are going to do. Buckle up, America,” Lake tweeted.

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Arizona Senate Rocked by Claims of Election Violations, as Lake Presses Appeal in Challenge to 2022 Vote

Just the News

The Arizona Court of Appeals held a private conference Wednesday in Kari Lake’s election challenge, as a state Senate panel is hearing explosive allegations of 2022 election failures in Maricopa County, and the Democrat Secretary of State seeks to have Lake, the 2022 GOP nominee for governor, prosecuted for tweeting evidence from the public Senate hearings of mismatched ballot signatures.

The appeals court’s conference was regarding Lake’s appeal of a December decision in Maricopa County Superior Court rejecting her election lawsuit against county election officials and Gov. Katie Hobbs. Lake’s suit alleged that numerous irregularities in the 2022 gubernatorial election, including election machine issues in nearly 60% of the county’s 115 vote centers, effectively suppressed heavily Republican Election Day vote.

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Arizona Center for Policy President Says Court of Appeals Ruling on Abortion Not the End for Arizona’s Territorial-era Ban

Neil Jones

Arizona Center for Policy President Cathi Herrod, Esq., stated that the Friday ruling from the Arizona Court of Appeals “harmonizing” Arizona’s abortion laws to allow physicians to perform abortions up to 15 weeks in pregnancy is not the end for Arizona’s territorial-era ban on the practice.

“The fight to protect unborn life and women from the harms of abortion does not end with an Arizona Court of Appeals ruling. The three-judge panel’s decision today only temporarily blocks Arizona’s abortion law, which was in place in 1973 when Roe was wrongly decided,” said Herrod. “I am confident Arizona’s pre-Roe law limiting abortion to cases where the mother’s life is at risk will be upheld by Arizona’s Supreme Court.”

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Cyber Ninjas Must Turn over Records from the Maricopa County Ballot Audit, State Appeals Court Says

Rachel Alexander

The Arizona Court of Appeals rejected a request from Cyber Ninjas, the company that audited Maricopa County’s ballots, to block a public records request by the media for records from the audit. Phoenix Newspapers Inc., which owns The Arizona Republic, asked for emails and other documents in its April request, which the lower trial court granted. Cyber Ninjas appealed the decision. The appellate court rejected the cyberfirm’s argument that opening its records up for public inspection would allow opening the records of any contractor that does business with the state. 

Jack Wilenchik, Cyber Ninja’s attorney, expressed his disappointment to Capitol Media Services, “The government cannot force private contractors to produce things the government does not own. He said it’s similar to a violation of the Fourth Amendment protections against search and seizure.

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