Judge Peter A. Thompson has issued his decision in Kari Lake’s Election Contest trial held earlier this week, Wednesday, December 21st and Thursday, December 22nd.
His decision is on the two counts in her Complaint that ultimately went to trial after he had dismissed the other eight.
Those two counts were with regard to “Plaintiff’s burden” to provide clear and convincing evidence of “intentional misconduct” affecting, (a), Election-Day BOD (ballot-on-demand) printer malfunctions, and, (b), Chain of Custody issues involving Election Day ballots.
His decision (from pages 9-10 of the 10-page ruling):
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Considering all evidence presented, the Court finds as follows:
As to Count II – Illegal BOD Printer/Tabulator Configurations:
a. The Court DOES NOT find clear and convincing evidence of misconduct in violation of A.R.S. § 16-672(A)(1).
b. The Court DOES NOT find clear and convincing evidence that such misconduct was committed by “an officer making or participating in a canvass” under A.R.S. § 16- 672(A)(1).
c. The Court DOES NOT find clear and convincing evidence that such misconduct was intended to affect the result of the 2022 General Election.
d. The Court DOES NOT find clear and convincing evidence that such misconduct did in fact affect the result of the 2022 General Election.
As to Count IV – Chain of Custody Violations:
a. The Court DOES NOT find clear and convincing evidence of misconduct in violation of A.R.S. § 16-672(A)(1).
b. The Court DOES NOT find clear and convincing evidence that such misconduct was committed by “an officer making or participating in a canvass” under A.R.S. § 16- 672(A)(1).
c. The Court DOES NOT find clear and convincing evidence that such misconduct was intended to affect the result of the 2022 General Election.
d. The Court DOES NOT find clear and convincing evidence that such misconduct did in fact affect the result of the 2022 General Election.
Therefore:
IT IS ORDERED: confirming the election of Katie Hobbs as Arizona Governor-Elect pursuant to A.R.S. § 16-676(B).
The Ruling concludes with specific ORDERS for Defendants’ attorneys to provide and file a “statement of costs” and “motion for sanctions” with the Court by Monday, December 26th, 8:00am. This was added because Defendants’ attorneys (specifically Tom Liddy) stated during closing arguments on Thursday that they would be seeking sanctions against the Plaintiff (Kari Lake) once the Judge’s decision had been rendered.
You can read Judge Thompson’s decision in its entirety here:
https://www.clerkofcourt.maricopa.gov/home/showpublisheddocument/4531/638074764564181393
[Added Tuesday, December 27, 2022:] All of the documents for this lawsuit are posted here:
https://www.clerkofcourt.maricopa.gov/records/election-2022/cv2022-095403
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