Ward v. Jackson, No. CV2020-015285 (Ariz. S. Ct.) – Comingling & Representations by Government Counsel That Contradict Physical Record (AZ)

[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 contained commingled original and duplicate ballots, with batch manifests inconsistent with physical contents. If the SOS’s representation was materially false, the court’s reliance upon it constituted a resolution of the case on a factual premise that was incorrect – not a merits adjudication in the meaningful sense. No finding of judicial misconduct is made; the specific concern is attorney conduct before the court.