Plaintiffs in a new motion filed by Attorney Kurt Olsen claim Maricopa County’s 2020 and 2022 elections “have not been shown to be any more reliable than a Ouija board.” Olsen, whose business has become protecting America’s elections, filed the Motion in Federal Court in the United States Court of Appeals for the Ninth Circuit on behalf of Kari Lake and Mark Finchem.
This filing revisits issues raised in the summer of 2022 regarding evidence of false statements on the part of Maricopa County and confirmation that the County’s machines were using uncertified, untested software in both 2020 and 2022.
Plaintiffs in the case now have evidence to claim the court dismissed a previous case that has now been discovered to have been based on “two false claims about the safeguards” that purportedly protected Maricopa County’s elections. The motion argues the Court made its decision based on EAC-certified machines and Logic and Accuracy testing (L & A testing) that were materially misrepresented by election officials in Maricopa County.
The filing states, “New evidence produced by Maricopa shows that Maricopa uses illegally altered election software that is neither EAC-certified nor certified for use in Arizona, thus violating A.R.S. §16-442(A)-(B). Further violating Arizona law, Maricopa does not conduct L&A testing on any tabulators actually used in its elections, thus violating A.R.S. §16-449(A)-(B).”
According to the motion, “The Court’s reliance on these two misrepresentations arose from Maricopa and the SoS—initially Katie Hobbs, now Adrian Fontes—repeating them at least fourteen times in briefing to the district court and this Court. Add:50a-53a (Exhibit A to Appellants’ April 2, 2024 letter to Appellees’ counsel). Moreover, in opposing Appellants’ motion for a preliminary injunction, Maricopa submitted the sworn testimony of its Co-Director of Maricopa Elections, Scott Jarrett, who testified to these two issues.”
The Article lll injuries are both demonstrably “imminent and particularized, not speculative and generalized,” according to the motion. Plaintiffs want the Court to “recall its previous mandate, reverse and remand” to hear the case expeditiously with the full evidence in hand.
According to the motion, “System log (“SLOG”) files show that Maricopa used illegally altered election software that” was neither certified by the EAC nor was it approved by the SoS. Additionally, “Maricopa did not perform L&A testing on any tabulators actually used in the elections.”
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