FLORENCE — A Pinal County judge is being urged to toss out the latest — and possibly the last — challenge to the results of the presidential race in Arizona and the awarding of the state’s 11 electoral college votes to Joe Biden.
Roopali Desai, who represents Secretary of State Katie Hobbs, told Judge Kevin White on Monday that Arizona law requires anyone filing a lawsuit contesting election results to be a “qualified elector.’’ And that, she said, means they need to be registered to vote.
Only thing is, Staci Burk is not currently registered. Nor was the Pinal County resident registered — or voted — in the just-completed election.
She argued that the only thing required is that she be eligible to register to vote. And she complained that her registration was illegally canceled because someone could not figure out where she lived because she is covered under the state’s “address protection’’ program which allows certain people, including domestic violence victims, to remove their addresses from public records.
Burk needs the go-ahead of White to present what she claims is evidence of massive fraud. That includes not just allegations already dismissed by other judges but a claim that planes were bringing in illegal ballots to Sky Harbor International Airport and they were inserted into the Maricopa County election system.
Even if White tosses the case, that will not end the legal fights over the election results.
Attorney Jack Wilenchik has a pending plea to the U.S. Supreme Court on behalf of state GOP Chair Kelli Ward.
She contends that evidence she presented to a trial judge proved that Trump “received at least hundreds more votes in Maricopa County than candidate Biden.’’ Ward said there were uncounted votes for Trump and Trump votes that were “flipped’’ to the Democrat.
Maricopa County Superior Court Judge Randall Warner tossed that case, concluding that a random sampling of ballots show that the number of errors that turned up, even if extrapolated out, were insufficient to change the outcome. And he refused to give Ward more time to dig up additional evidence.
A separate case is pending before the 9th Circuit Court of Appeals in a case brought by attorneys for the Trump campaign. It alleges a series improper acts — and a conspiracy involving Secretary of State Katie Hobbs — that resulted in erroneous election returns.
That claim fared no better than the one before Warner, with U.S. District Court Judge Diane Humetewa finding a series of legal and factual flaws in the arguments.
“The allegations they put forth to support their claims of fraud fail in their particularity and plausibility,’’ she wrote. And Humetewa said the affidavits and reports of expert witnesses “are largely based on anonymous witnesses, hearsay, and irrelevant analysis of unrelated elections.’’
Lawsuits aside, Trump supporters also are holding out hope that Congress, which officially counts the electoral votes on Jan. 6, might decide to reject the tallies out of Arizona and other states which recorded Biden victories. That, however, would require the cooperation of the House of Representatives which remains in Democrat hands.