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Kari Lake and conservative Arizona Republicans got some good news from the court. Two counts of her lawsuit will go to trial. Not only that, it will be a speedy one. Katie Hobbs needs to keep that asterisk next to her name until a jury decides.
Kari Lake suit survives
Arizona’s candidate for Governor, Kari Lake, isn’t about to concede defeat. There were irregularities in the most recent election which need to be investigated and they have potential to change the results.
The senate race is up in the air, too. Maricopa County Superior Court Judge Peter Thompson issued a ruling which lets two of the issues have their day in court.
The Lake case, just like every other lawsuit, had to run a gauntlet of motions before getting anywhere close to a jury.
BREAKING: Our Election Case is going to trial. Katie Hobbs attempt to have our case thrown out FAILED. She will have to take the stand & testify.
Buckle up, America.
This is far from over. pic.twitter.com/291EnXPP3U— Kari Lake (@KariLake) December 20, 2022
Teams of lawyers on the Defense side come up with every reason they can think of, legally sound or not, as a reason to dismiss the charges, one-by-one, until the whole case gets thrown out of court and it’s over. Plaintiff’s lawyers, on the other hand, list every single wrong they can think of in their complaint, just to see if anything they throw against the wall manages to stick.
Kari Lake and her team of attorneys came up with 10 reasons why Katie Hobbs should not be declared Governor. when the judge got done reading all the arguments both sides could come up with to justify their positions, eight slid off the wall.
The important part is that two of the charges remain firmly plastered in place where a jury can get a good look at them.
Two big questions
The two big issues which the jury will get to decide revolve around the printers which “malfunctioned” on Election Day and “ballot chain of custody.” This doesn’t mean Ms. Lake is right. Only that she gets a chance to prove her case.
She still has the burden to convince a jury that “someone interfered with the printers in violation of Arizona law, that the interference caused her to lose votes and that those lost votes affected the outcome of the election.”
On the chain of custody, Lake “claimed employees of the county’s ballot contractor violated the ‘County Election Manual‘ when they added ballots of family members.” They also “failed to secure an Inbound Receipt of Delivery.”
🚨 Chain of custody expert on BOTH Runbeck and Maricopa County: "They weren't following the legal requirements for chain of custody" pic.twitter.com/0xtjcF7EVj
— Kari Lake (@KariLake) December 21, 2022
That’s not something the judge has jurisdiction over. “whether the county complied with its own manual and applicable statutes is a dispute of fact rather than one of law.” If the facts are in her favor, she wins.
Things will move fast on this one. “A two-day trial will take place before January 2.” The Governor Elect with an asterisk, Katie Hobbs, will have to take the witness stand because she also happens to be Secretary of State. County Recorder Stephen Richer will also take the stand.
There isn’t a firm trial date set yet but the court “asked that all parties involved submit a list with the anticipated time required for the proceedings no later than 12 p.m. on December 20.” Ms. Lake is ecstatic. “Katie Hobbs attempt to have our case thrown out FAILED. She will have to take the stand & testify. Buckle up, America. This is far from over.“
