FLORENCE — A Pinal County woman has filed a lawsuit claiming that violations of state and federal election laws and the U.S. Constitution were committed during the 2020 election process in Arizona.
She is asking a court to nullify the results of the election and turn the appointment process for presidential electors over to the Arizona Legislature.
According to Pinal County Superior Court records, Staci Burk filed the lawsuit against Gov. Doug Ducey and Arizona Secretary of State Katie Hobbs as well as county election officials on Dec. 7. Attorneys for the secretary of state filed a motion to dismiss the case on Friday. Several other defendants in the case also announced plans to file motions to dismiss during a hearing in Pinal County Superior Court before Judge Kevin White Friday afternoon.
White has set oral arguments to discuss the dismissal of the case for 1:30 p.m. Monday.
In her 57-page complaint, Burk makes many of the same claims that were recently made in a federal case that was dismissed Wednesday.
That lawsuit included claims that the state’s election system, including several conspiracy theories about Dominion voting machines, had security flaws that allowed election workers and foreign countries to hack the election and swing it in favor of President-elect Joe Biden. It also includes complaints that poll watchers were unable to adequately monitor the signature verification process in Maricopa County.
The judge in that case dismissed the lawsuit, stating that it did not include a plausible allegation that the systems were hacked. The parties in that lawsuit have stated that they plan to appeal the ruling to the U.S. 9th Circuit Court of Appeals or to the U.S. Supreme Court.
However, Burk also alleges ballot-stuffing in her complaint. She states that a Kenneth Scott Koch from Pinal County told her that a group of people participated in a scheme to remove ballots from a plane at Sky Harbor International Airport in Phoenix and deliver those ballots to an election tabulation center that favored Biden in the state and sent some ballots to Las Vegas via FedEx.
Koch also claims to be a member of the Koch family that is best known for the political activities of the conservative brothers Charles and David Koch.
In a response filed on Friday, attorneys for Hobbs’ office called on White to dismiss the lawsuit outright without further proceedings. They listed numerous problems with the complaint, saying it failed to identify a contested office, failed to state the county Burk lives in, that she filed the lawsuit too late and that she did not provide any facts to back up her claims.
Burk claimed during Friday’s hearing that she was late in filing the lawsuit because she had forwarded the information about election fraud to the governor’s and secretary of state’s offices and was waiting for a response. When she did not receive a response, she said she filed the lawsuit.
During the hearing on Friday, Hobbs’ attorney Roopali Desai said she would be willing to waive oral arguments because she felt Burk’s case was so flawed that White could rule to dismiss it without a hearing.
Burk, who is representing herself, protested and asked White to hold an oral argument hearing.
White agreed to the hearing but reminded all of the parties involved, including Burk, that the hearing would only deal with the issues surrounding a dismissal of the case. It would not discuss allegations of election fraud.
White also agreed to allow the parties to appear telephonically for hearings and set an evidentiary hearing, in case the lawsuit is not dismissed on Monday, for 9 a.m. on Dec. 16.
White also ordered Burk to respond to the motion to dismiss the case by Hobbs’ attorney and produce a list of witnesses, in case the lawsuit moves forward, by 10:30 a.m. on Monday. The defendants in the case have until 10:30 a.m. on Tuesday to release their list of witnesses in response to White’s order.