Attorneys siding with embattled GOP gubernatorial candidate Kari Lake are insisting that Maricopa County’s mass Election Day failures were purposeful.
Mark Sonnenklar, a roving attorney with the Republican National Committee (RNC), told AZ Free News that the county experienced few of the issues during the primary election that suddenly metastasized on Election Day: faulty printer settings and incorrect ballot paper size.
Sonnenklar said that out of the 11 vote centers he visited on the primary election day, only one had major problems with tabulation: the North Phoenix Baptist Church location.
“My theory is that the county was on a trial run for the general. I believe in my heart, my gut tells me, that they planned to create this chaos on general Election Day,” said Sonnenklar. “They were testing methods to create that kind of chaos during the primary. That’s when they were figuring out how to do that.”
None have produced evidence that the Election Day failures were intentional.
Although tabulators were the initial suspect for the mass Election Day failures across the county, it turned out to be administrative errors prior to tabulation. Sonnenklar pointed out that it wouldn’t make sense for these issues to multiply due to the sheer amount of in-person voters, since printer settings and paper size wouldn’t be affected.
On Election Day, Sonnenklar said he witnessed mass tabulator issues at six of the 10 vote centers. The widespread failures were so pervasive that Sonnenklar, alarmed, reached out to other roving attorneys across the county to gather their experiences while fresh. Many reported witnessing the same failures, which lasted around eight hours and forced thousands of affected voters to cast ballots into a “door 3” slot to be manually tabulated later.
Maricopa County largely dismissed voter concerns, assuring that door 3 ballots would be tabulated properly and opting to push off a review of the chaos for a post-certification investigation. An estimated 71 sites (44 percent) out of the 211 vote centers were impacted (Lake’s attorneys claim that 132 sites were impacted, or 59 percent).
“I was receiving calls from everyone I knew in the Valley,” said Sonnenklar. “I knew there was a massive problem.”
Poll worker testimonies of election machine issues leading up to Election Day, given during the election certification in late November, aligned with Sonnenklar’s evidence gathered. Similar testimonies were also given during the Maricopa County Superior Court hearing in Lake’s lawsuit challenging the 2022 election results.
Sonnenklar stated that there were at least three primary causes of the tabulator malfunctions: timing marks and small white specks, which were uncovered before Lake’s trial, and incorrect ballot paper size, which was revealed during the trial.
Sonnenklar claimed that he spoke with election officials at various vote centers about the tabulator issue. He cited one example from a Mountain View vote center inspector who reportedly showed him that the timing marks weren’t printing correctly. The inspector backed up her claim with nearly 200 ballots fed into box 3 with faulty timing marks.
“She was definitive. She said that the problem was the timing marks on the ballot not printing dark enough,” said Sonnenklar. “She had 175 ballots that she had taken out of box 3. She showed me every one of those ballots and they were gray, they weren’t black. They hadn’t printed dark enough. All 175 of the ballots rejected by the tabulators had gray timing marks instead of black timing marks.”
As for the white specks: Sonnenklar said that another poll worker noticed that the bubbles indicating the chosen candidates weren’t filled in completely. They appeared to have little white specks where the printer failed to fill them in.
“He asked the voter if they would be willing to color in the white spec with the felt-tipped Pentel pens,” said Sonnenklar. “Every single time that the voter did that, it went through the tabulator just fine.”
The third issue, the ballot paper size, was discussed by Lake’s witness Clay Parikh, an information security officer, during the trial. Parikh testified that ballots from six of the six vote centers he inspected the day before Election Day printed 20-inch ballots on 19-inch paper. Sonnenklar noted that these six vote centers were selected randomly, and expressed concern that this represented a rate of 100 percent of vote centers being problematic.
Maricopa County didn’t dispute the erroneous ballot paper size, noting that it was a recurring issue over the last few years. However, they did dispute the number of affected vote centers (three versus Parikh’s sworn six) and pressed Parikh to admit that these ballots could be duplicated and counted. Parikh noted that those reprinted ballots could be counted, if done correctly. Sonnenklar questioned why the county didn’t solve the problem completely.
“The county maintained that the 19-inch paper on 20-inch ballots only occurred at three vote centers and that they knew about that problem from three prior elections,” said Sonnenklar. “Bottom line is, we think there were multiple reasons why the tabulators failed. In one case it was printers not printed properly. And in another case it was 19-inch paper printing 20-inch ballots.”
Sonnenklar insisted that the court wrongly dismissed Lake’s case because the judge, Peter Thompson, failed to consider whether the affected voters could’ve changed the outcome of the election. He said the judge only considered one legal standard, whether fraud occurred, but didn’t address if there was enough misconduct to render the election outcome “uncertain.” Sonnenklar contended that the judge created a high legal standard inconsistent with legal precedent.
Lake lost by over 17,100 votes, around the same number of voters affected by mass Election Day failures. Though this margin may seem slim, another race was even closer. Hamadeh, also contesting his election, lost by just over 500 votes.
“We just had to prove that the number of votes in the election could have changed the outcome of the election. I don’t think the defendants ever countered that,” said Sonnenklar. “On the legal front, I think we have a very strong grounds for appeal here. I think we made a pretty good case for overturning the decision of the trial court.”
Sonnenklar will be filing a reply brief to the county and Hobbs’ responsive briefs.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
From their pulpit at press conferences, they shrugged off questions and concerns about the potential for long lines on election day and whether they would have their voting centers properly equipped. For weeks, the mainstream media blasted out to Arizonans that they are competent election officials, about to implement the “safest, most secure” election in history.
Then it all came crumbling down in what was one of the worst election days in recent history. Long lines, yes. But more importantly, critical equipment failures resulted in the complete inability to tabulate ballots at dozens of voting locations for several hours. It didn’t stop there. The issues persisted in the coming weeks for Maricopa County, who responded to requests for information with hostility. And then, we found out Pinal County (following major problems in their primary election) had miscounted hundreds of ballots, shrinking the already miniscule gap between the candidates for attorney general.
Two months later, these issues are still being litigated. But regardless of how the election contests being pursued by Kari Lake and Abe Hamadeh turn out, nothing changes the fact that Maricopa and Pinal Counties bungled the election.
Going forward, Arizona must learn from what happened, craft meaningful solutions, and focus efforts on productive goals ahead of 2024…
The Arizona Supreme Court ruled Wednesday that gubernatorial candidate Kari Lake must start her election challenge appeal at the Arizona Court of Appeals – Division 1, rejecting Lake’s argument for a transfer of the case in hopes of expedited handling.
The order declining Lake’s request to bypass a three-judge panel at the court of appeals in Phoenix noted “no good cause appears to transfer the matter to this court.” It also noted there had already been a scheduling order issued in case with possible oral argument slated for Jan.24.
It is a decision Lake appears to have accepted.
My court case will be going before the Appeals Court prior to the Arizona Supreme Court because it's already been scheduled for review.
This decision was done without prejudice & I am confident the case will end up in their hands eventually.
The defendants in Lake’s election challenge include the five members of the Maricopa County board of supervisors, the county’s two elections directors, and Recorder Stephen Richer. Katie Hobbs was also a defendant in her official capacity as Arizona Secretary of State at the time of the election.
The courts have now substituted Adrian Fontes as the defendant in his role as the new secretary of state, although Hobbs remains a defendant in her personal capacity as a contestee for governor.
Lake filed on Dec. 30 to have the Arizona Court of Appeals overturn the findings made by Judge Peter Thompson of the Maricopa County Superior Court, who denied Lake’s election challenge on Dec. 24 after a two-day trial.
Then, as reported by AZ Free News, Lake’s attorneys filed a petition the next day to transfer the appeal directly to the Arizona Supreme Court.
The three judges assigned to the panel that will hear Lake’s appeal are Maria Elena Cruz, Angela K. Paton, and Peter B. Swann.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
On New Year’s Day, Kari Lake asked the Arizona Supreme Court to take up her case challenging the 2022 midterm election. The request for special-action appellate review marks a final effort to prevent transition of power proceedings ahead of Governor-Elect Katie Hobbs’ inauguration on Thursday.
Lake’s team filed their appeal with the Arizona Court of Appeals last Wednesday, alleging that suppressed and illegal votes outnumbered Hobbs’ 17,100 lead. Lake is pushing for a new election.
“A new governor is scheduled to be seated under a cloud of electoral uncertainty and impropriety,” stated Lake.
The embattled GOP candidate’s team cited “extraordinary circumstances” as the reason for their request, characterizing the Election Day tabulator-printer fiasco as a “targeted attack” on voters as well as citing the upcoming swearing-in ceremony.
Lake’s appeal insisted that the court should distinguish the election content standards: namely, clear-and-convincing versus preponderance-of-evidence, the use of latches for the right to violate laws in future elections, and that unconstitutional elections would qualify as misconduct.
We would recommend this thread to anyone still pretending that what happened in November was a free & fair election.
The amount of evidence of intentional misconduct on Election Day and the weeks following is overwhelming.
Lake asserted that Maricopa County officials offered “changing and conflicting testimony” that they alleged was proof of intentional malfeasance on Election Day, including chain of custody violations and improper signature review for mail-in ballots. The appeal included a remark made by the county’s counsel, Thomas Liddy, in his closing argument.
“You reap what you sow,” said Liddy, in reference to Election Day voters.
The longer @katiehobbs is allowed to pretend she's governor, the more damage she does to our institutions.
Serious countries don't allow fundamentally unserious people to pretend that they are leaders.
Especially morally vacant and intellectually vapid ones like Hobbs.
Lake claimed that controversy over this most recent election jeopardizes the republic: a seeming counter to Democrats’ claim that scrutinizing elections jeopardizes democracy.
“A significant majority of voters no longer trust the outcomes of elections in Arizona. A functioning republic cannot exist for long in these circumstances,” read the appeal.
Polls support Lake’s claim concerning election distrust. Rasmussen Reports found that 72 percent of likely voters agreed with Lake’s claims that Election Day problems resulted in disenfranchisement, with 45 percent strongly agreeing.
Tufts University polling conducted the week after the midterm election discovered that distrust in elections correlated with age. Younger voters tended to trust the legitimacy of elections more greatly than older voters, especially concerning the 2020 election. Their polling also discovered that younger generations were far less likely to identify with one specific political party, but didn’t view Democrats as “too extreme” compared with older generations.
Although Hobbs’ team points to Monday as the inauguration day, the official ceremony remains on Thursday.
On Wednesday, GOP gubernatorial candidate Kari Lake filed an appeal of her election lawsuit’s dismissal and the order to pay $33,000 to opponent Katie Hobbs for legal fees.
Lake’s lawsuit named Hobbs both personally and as secretary of state; Maricopa County Recorder Stephen Richer; the entire Maricopa County Board of Supervisors (BOS); and Maricopa County Elections Director Scott Jarrett.
We have filed our appeal.
And we would VERY much like to talk about the issue of signature verification (or the complete and total lack thereof in Maricopa County) before the court.
In an interview with “War Room” founder and host Steve Bannon this past week, Lake claimed that the election was stolen from her by shadow figures bent on keeping cartels active, the border open, and inflation high. Lake said that Hobbs will merely be a “puppet” for these forces.
“The voters went to the ballot box in November because they’re fed up. The only way to stop me from stopping the cartels was to steal an election,” said Lake. “This state is going to go to hell in a handbasket if Katie Hobbs is allowed to take control.”
Lake further claimed that Hobbs was in on this alleged collusion
“Hobbs has absolutely no respect for the law. I can’t even believe she didn’t recuse herself from this botched election.” said Lake. “She didn’t even campaign, she didn’t debate, she hid from people, hid in her basement, had no policy, because she knew that she could rig the election and walk into office.”
Lake appealed to the Division 1 Court of Appeals. Lake has promised previously that she would take her case up to the Supreme Court if necessary.
The Maricopa County Superior Court dismissed Lake’s lawsuit on Christmas Eve. Maricopa County defendants and Hobbs filed for $696,000 collectively in sanctions on Monday. However, the court denied most of the sanctions on Tuesday, only awarding Hobbs’ team $33,000 in fees. Judge Peter Thompson clarified that Lake’s claims of election misconduct or fraud weren’t groundless or presented in bad faith, contrary to what Maricopa County argued in its sanctions request.
In response to the superior court’s dismissal, both Hobbs and BOS Chair Bill Gates issued press releases celebrating the win.
Hobbs campaign manager, Nicole Demont, issued a statement on her behalf. DeMont said that the judge affirmed what Arizona voters chose last month, not “the conspiracy-riddled, dark corners of the Internet” that voted for Lake. Hobbs earned over 1.28 million votes to Lake’s 1.27 million votes: a difference of 17,100 votes.
A statement from our campaign manager Nicole DeMont on today's lawsuit dismissal.
Governor-Elect Hobbs is ready to get to work improving Arizonans' everyday lives and moving our state forward. pic.twitter.com/rYLoaE6z5z
Lake doesn’t appear to have the backing of some of the GOP’s national leadership. Embattled RNC Chair Ronna McDaniel told Newsmax that Lake lost because she ran a poor campaign, and that Arizona GOP Chair Kelli Ward also facilitated the loss.
“You had one candidate saying, ‘If you’re a McCain voter, get the hell out of my rallies.’ And then the McCain voters said, ‘Yeah, I’m not going to vote for you,” said McDaniel.
Oh snap. RNC Chair Ronna McDaniel goes off on Kari Lake & Kelli Ward for losing this election. Kari Lake not a good candidate. Wow. https://t.co/SgJxFkcvoy
