Established Fact [Established Fact – Timing of dismissals vs. completion of audits] Multiple Arizona post-election challenges were dismissed in December 2020 – within weeks of election certification – on standing, mootness, or procedural grounds. The Cyber Ninjas audit was not completed until September 2021, and forensic analyses by Ben Cotton (CyFIR) and Jovan Pulitzer were […]
Reasonable Inference [Reasonable Inference – Court decision rested on incorrect factual predicate] In Ward v. Jackson, No. CV-20-0343-AP/EL (Ariz. Dec. 8, 2020), the Arizona Supreme Court rejected a challenge to the 2020 presidential election results in which the central dispute concerned the accuracy of ballot duplication — a process in which damaged or defective ballots
Established Fact [Established Fact – Representation was made; commingling was documented post-litigation] The Arizona Supreme Court adjudicated a challenge to the 2020 election results in which the Secretary of State’s counsel represented that original and duplicate ballots “are, by statute, segregated and preserved.” The Cyber Ninjas audit subsequently established that ballot boxes delivered for audit
Reasonable Interference [Reasonable Inference – Characterization as evidence dismissal is misleading] A federal lawsuit alleging large-scale election fraud and seeking to decertify Arizona’s election results was dismissed for lack of legal standing. The presiding judge described the claims as “sorely wanting of relevant or reliable evidence” and noted entertaining the suit “would cause extreme and
Reasonable Inference [Reasonable Inference – As to financial audit need] In Trump v. Biden (Wis. Sup. Ct. 2020), the Wisconsin Supreme Court dismissed three of four election challenge claims under the doctrine of laches in a 4-3 decision. The dismissed claims included challenges to (1) the WEC’s absentee ballot distribution in “Democracy in the Park”
Established Fact [Established Fact – As to 4-3 ruling and dismissal basis] In Trump v. Biden (Wis. Sup. Ct. 2020), the Wisconsin Supreme Court dismissed three of four election challenge claims under the doctrine of laches in a 4-3 decision. The dismissed claims included challenges to (1) the WEC’s absentee ballot distribution in “Democracy in
Reasonable Inference [Reasonable Inference – As to ethics violation and quid pro quo structure] The Wisconsin Office of the Special Counsel (OSC), led by former Wisconsin Supreme Court Justice Michael Gableman, documented in its Second Interim Investigative Report that the Election Officials Legal Defense Network (EOLDN) – an organization linked through funding networks to the
Established Fact [Established Fact – As to EOLDN existence and free counsel provision] The Wisconsin Office of the Special Counsel (OSC), led by former Wisconsin Supreme Court Justice Michael Gableman, documented in its Second Interim Investigative Report that the Election Officials Legal Defense Network (EOLDN) – an organization linked through funding networks to the Center
Reasonable Inference [Reasonable Inference – As to investigative need for financial relationship audit] In Kelly v. Commonwealth, the Pennsylvania Supreme Court dismissed a facial constitutional challenge to Act 77 of 2019 – the statute authorizing universal no-excuse mail-in voting – on the doctrine of laches, ruling that plaintiffs had waited too long after the law’s
Established Fact [Established Fact – As to dismissal and its legal effect] In Kelly v. Commonwealth, the Pennsylvania Supreme Court dismissed a facial constitutional challenge to Act 77 of 2019 – the statute authorizing universal no-excuse mail-in voting – on the doctrine of laches, ruling that plaintiffs had waited too long after the law’s passage
