General Election. Thereafter, pursuant to A.R.S. § 16-602, several counties performed a hand count of sample ballots to test the tabulation equipment, and either no discrepancies were found or, if there were, they were “within the acceptable margin.”[1] Arizona law also requires the secretary of state, in the governor’s presence, to certify the statewide canvas on the fourth Monday after a general election. A.R.S. § 16-648. On November 30, 2020, Secretary of State Katie Hobbs, in the presence of Governor Doug Ducey, certified the statewide canvas. (Doc. 40 at 4). The Canvas shows that former Vice President Joseph Biden prevailed over President Donald Trump by more than ten thousand votes.[2] On that same day, Governor Ducey signed the Certificate of Ascertainment for Vice President Biden’s presidential electors. (Doc. 40 at 4). The Certificate was then transmitted to the United States Archivist pursuant to the Electoral Count Act. (Id.); see also 3 U.S.C. § 6.
In their Complaint and the accompanying Motion for Temporary Restraining Order (“TRO”) filed on December 2, Plaintiffs “contest” the election and ask this Court to compel the Governor to “de-certify” these results. (Docs. 1 ¶ 145; 2 at 10). The Complaint also requests that this Court grant a permanent injunction “enjoining Secretary Hobbs and Governor Ducey from transmitting the currently certified election results to the Electoral College,” declare the election results unconstitutional, and seize all voting machines, equipment, software, and other election-related records and materials, including all ballots cast.[3] (Doc. 1 at 51–52). The Complaint claims to show “multifaceted schemes and artifices implemented by Defendants and their collaborators” to defraud the election. (Id. at ¶ 3). And these schemes allegedly resulted in “the unlawful counting, or fabrication, of hundreds of thousands of illegal, ineligible, duplicate or purely fictitious ballots.” (Id.)
- ↑ Ariz. Sec’y of State, Summary of Hand Count Audits–2020 General Election (Nov. 17, 2020), https://azsos.gov/election/2020-general-election-hand-count-results.
- ↑ Ariz. Sec’y of State, State of Arizona Official Canvass, https://azsos.gov/sites/default/files/2020_General_State_Canvass.pdf.
- ↑ Under 3 U.S.C. § 5, if a state enacts and applies procedures to decide election controversies before election day, and a decision regarding a contested election is made at least six days before the electors’ meetings, then the decision is conclusive and will apply in counting the electoral votes. That deadline, referred to as the “safe harbor” deadline, was December 8, 2020, as the Electoral College will meet on December 14, 2020. See 3 U.S.C. § 7.
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