Kari Lake scores a huge win and takes her case to the supreme Court of Arizona starting tomorrow
(www.newsweek.com)
LET'S GOOoOoooo!!!
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Going to be interesting to see how they both confirm thousands of illegal ballots were counted AND certify that the election results should stand anyway.
Schrödinger's cat. Since there is no way to associate the envelopes and ballots, there is no way to equitably resolve the issue. Cases such as this are why we have, or, at least once had, Courts of Law. While a ruling for Lake would possibly disenfranchise millions of Hobbs voters, a ruling for Hobbs would possibly disenfranchise millions of Lake voters. Either way you go, there is an equal chance that millions of voters will be disenfranchised.
Returning to Schrödinger's cat. Since both the cat and the killing agent were not sealed in the same box, the experiment was invalid. In the same way. If the ballots and envelopes can’t be associated but a sufficiently large number of envelopes failing signature validation are discovered, the election was invalid. The only legal remedy is to re-run the election with adequate safeguards. Anything short of that would invite future elections with mass fraud followed by destruction of evidence as soon as the results is announced. The judge seems to be looking for a quick and easy way out when he should simply follow the law.
Except that there's nothing in the law to invalidate the election based based on these facts. Regardless of whether the signatures were valid or not, there's no way to prove that the ballots they contained were not valid, and that's what you would have to prove.
Perhaps future legislation can tighten up signature validation and reject more of these questionable envelopes, but there's nothing in the law currently that can lead a judge to throw out the entire election.
Of course, once the ballots are disassociated from the envelopes, there is no way to prove which go together. If that were the only thing at issue, there would be no basis for the court to allow the case to proceed.
There seems to be a greater issue here than the individual ballots. Under the Equal Protection clause of the constitution, the voters as a whole are entitled to a fair and equal process. It should be relatively simple to show that this one county used a much more lenient standard of verification than used in the past as well as that used in other jurisdictions. In addition, under the Common Law, a finding of fraud of a substantial nature, would require invalidation of the election regardless of other factors. Fraud could be established by showing election officials conspired to lower or ignore the standard knowing it would result in invalid ballots being counted.
I have to believe that Mrs. Lake and her attorneys are in this for the long haul and are not attaching their hopes on this Judge. The case will likely end up in the U S Supreme Court.