Posted BY: Ted Noel

Kari Lake has just lost her trial to overturn the election in Arizona. She presented uncontroverted testimony that the dimensions of the ballot on Election Day were changed from the dimensions that were tested before the election. This caused the ballot readers great difficulty, since they are programmed to look for marks in specific locations, and the size change moved those marks. This then led to great confusion, delays, and departure of voters who could not continue to wait their turn. Those non-voting voters were mostly in dark red areas, so the “errors” disenfranchised Republicans.

Lake presented uncontroverted testimony that the printers were reset to print on different-sized paper, showing that election officials knew that there was a problem. She presented even more uncontroverted testimony that election officials did not tally the total number of ballots before transmitting them to the central office, contrary to bright letter regulations and law. And finally, she presented uncontroverted testimony that over a quarter million ballots were counted but had no chain of custody, again contrary to law. That “oversight” could allow many thousands of ballots—not votes—to be snuck in to be counted.

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As Kari Lake noted, the election was run “outside the law.” Yet Maricopa County Judge Peter Thompson ruled that Lake didn’t meet her burden of proof. He relied on case law that says:

  • Lake had to prove that the outcome was affected by the irregular conduct of the election.
  • Lake had to prove her case by clear and convincing evidence of misconduct by election officials “intended to affect the result of the 2022 General Election.”
  • The Court must assume that election officials acted in good faith as a matter of law.
  • All reasonable presumptions must favor the validity of an election.

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