Kari Lake and Mark Finchem File New Brief with U.S. Supreme Court in Voting Machine Tabulator Case After Defendants Fail to Respond

Kari Lake Mark Finchem

Kari Lake and Mark Finchem filed a Supplemental Brief with the U.S. Supreme Court on Tuesday, adding support for their Petition for Writ of Certiorari and Motion to Expedite asking the court to hear an appeal of the dismissal of their lawsuit to stop the use of electronic voting machine tabulators in elections. The defendant Arizona officials failed to file a response to the pair’s petition, boosting the chances SCOTUS might accept the case and implying they did not object to the statements in the petition. 

The new brief added more allegations of false representations by Maricopa County officials. It said the courts relied on their false representations when they dismissed and affirmed their case, sanctioning the pair’s lawyers. The Ninth Circuit Court of Appeals held that the plaintiffs’ injuries were “too speculative” for Article III, which requires showing of an injury. The brief said the court based this determination “in part on false representations that Maricopa County performed required preelection logic and accuracy (‘L&A’) testing and used certified and approved voting system software.” The court “expressly relied on false representations that Maricopa’s elections were protected from manipulation.”

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Kari Lake and Mark Finchem Add Cybersecurity Experts’ Testimony About Newly Discovered ‘Artificial Control’ over the Tabulation of Ballots Using Electronic Voting Machines to their SCOTUS Appeal

Attorneys for Kari Lake and Mark Finchem filed additional pleadings last week with their Petition for Certiorari at the U.S. Supreme Court, providing new evidence to their plea to the court to reconsider the lower courts’ rulings against their lawsuit to stop the use of voting machine tabulators. The new filings include a Motion to Expedite and declarations from top cybersecurity experts, who provided evidence that “overwhelmingly demonstrates” that the election results in 2020 and 2022 from Maricopa County contained “artificial control over the tabulation of ballots and the election results for the November 2020 election.” Additionally, they asserted that the county thwarted efforts to obtain the new data, which is a crime punishable by up to a year of incarceration.

The appendix to the Petitioners’ Motion to Expedite included 176 pages of new affidavits from Clay Parikh, Benjamin Cotton, and Walter Daugherity. Daugherity, who taught computer science and engineering at both the undergraduate and graduate levels for 37 years and served as a computer consultant to major firms and government agencies, including classified work, said this was his second declaration filed in the case, based on the new information from Maricopa County. That information included system log files from Maricopa County’s electronic voting tabulators in the 2020 election, and according to Parikh, “a copy of Maricopa County’s election systems database and the forensic images of the vote center tabulator memory cards used in the 2020 General Election.” 

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State Senate Majority Leader Sonny Borrelli and State Senator Wendy Rogers Announce Felony Cybersecurity Breaches of Arizona’s Electronic Voting Systems

Sonny Borelli

State Senate Majority Leader Sonny Borrelli (R-Lake Havasu) and State Senator Wendy Rogers (R-Flagstaff) held a press conference on Wednesday revealing that a cybersecurity expert discovered that voting machine software used in Maricopa County’s elections in 2020 and 2022 was compromised. Borrelli said “there is probable cause” of a crime, and Maricopa County Attorney Rachel Mitchell has been notified.

Borrelli said, “A few days ago I received documentation and a sworn declaration by a cybersecurity expert that examined the data from the 2020 and 2022 elections, where it has been determined that the data and the equipment had been altered. The Election Assistance Commission never approved this altered software. In Maricopa County’s previous representation that the election software is EAC certified, including to the Arizona Senate, [that was] false [testimony].”

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