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 not complete until 2021. Accordingly, the forensic evidence that most directly bore on the merits of the fraud allegations was not in existence, let alone available for presentation, when these cases were dismissed. Courts’ “no evidence” characterizations were made before the primary forensic investigation had occurred.
Citations
Wikipedia — Post-election lawsuits from Arizona; Arizona AG Indictment
Case | Court | Dismissal Date | Grounds |
Ward v. Jackson, CV2020-015285 | Maricopa County Superior Court | Dec. 4, 2020 (affirmed AZ Supreme Court Dec. 8) | Merits — evidentiary hearing held; court found “no misconduct, no fraud, and no effect on the outcome” |
Bowyer v. Ducey, No. 2:20-cv-02321 | U.S. District Court (D. Ariz.) | Dec. 9, 2020 | Primarily standing — court also touched merits, finding allegations “sorely wanting of relevant or reliable evidence” and “largely based on anonymous witnesses, hearsay, and irrelevant analysis” |
Burk v. Ducey, CV2020-01869 | Pinal County Superior Court | Dec. 15, 2020 (affirmed AZ Supreme Court Jan. 5, 2021) | Procedural — plaintiff not a registered voter; lacked standing; untimely |
Stevenson v. Ducey, CV2020-096490 | Maricopa County Superior Court | Dec. 7, 2020 | Voluntarily dismissed by plaintiff |
Aguilera v. Fontes, CV2020-014562 | Maricopa County Superior Court | Nov. 29, 2020 | Failure to state a claim |