Arizona’s Election Must Be Redone: Here Are At Least Three Provable Constitutional Violations That Render the Results Uncertifiable
Guest post by Josh Bernstein
If the Republican Party of Arizona and/or the campaigns for Republican Governor, Attorney General, or Secretary of State (the Senate Candidate conceded) decide to contest the results of this mid term election, their arguments should be based solely on constitutionally sound arguments that will prove multiple violations, damages, and disenfranchisements of Maricopa County voters that were outcome determinative. Outcome determinative means that the violations were so severe that they determined the outcome of an election.
Article two, section twenty one of the Arizona Constitution states, “All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.” It is a fact that over seventy voting locations in Maricopa County had issues with ballot tabulator machines not being able to read voters ballots.
In addition, there were also reports of printers having configuration issues, and even ink settings being improperly set rendering ballots unreadable. All of these issues, whether purposeful or not violate Article two, Section twenty one’s first sentence which states, “all elections shall be free and equal.” Having over seventy locations, which is roughly thirty percent of all of Maricopa Counties voting centers compromised, not working, or inoperable violates the Arizona Constitution. This election was not “fair or equal” in access to voting rights and these damages were indeed outcome determinative.
What happened on Election Day in Maricopa County was a violation of voters Equal Protection rights, their First Amendment rights, and their voting rights.
Moreover, Maricopa County Election Officials lied to voters when they instructed them to “check out” and “check back in” at another polling location to vote. Nowhere in the Arizona Elections manual does it say this is an option or a solution. In fact, once someone “checks in” whether they voted or not they can’t leave and go to another polling location because it would be considered “double voting” as there is no way to determine if the voter didn’t vote at two different polling locations. For this reason alone, this Election should be annulled and redone.
If this was not bad enough, it has been revealed that the Chairman of the Board of Supervisors Bill Gates, along with the Maricopa County Recorder Stephen Richer started a Political Action Committee (PAC) on November seventeenth of 2021 called “The Pro Democracy Republicans of Arizona” which was designed specifically to recruit, train, and run candidates that do not question the validity of the previous election in 2020. This is a huge conflict of interest at the least and shows a clear bias against all candidates that hold an opposing view. Imagine that, those tasked with conducting free and fair non biased elections were overseeing the election of candidates whom they publicly disapproved of and active sought to defeat?
So how do we fix this and get a new election?
When it comes to election cases, most judges shy away from them because they don’t want to be seen as meddlesome or subject themselves to being the person who decides elections. This is why they rarely get involved in these types of cases. Typically judges will refuse to take the case or dismissed it on the grounds that those filing the case do not have “legal standing” to do so. Even when there is ample amounts of evidence of malfeasance or fraud, as was the case in many of the lawsuits filed in 2020, most judges just simply refused to even see the evidence. If these campaigns decide to file lawsuits, which they most certainly should do, they need to get past the “standing” objection that President Trump and his legal team in 2020 had difficulty doing. Hopefully these campaigns have learned the lessons of 2020 but if not here is EXACTLY how to do it.
The key to post election litigation must be argued based on violation of laws, violation of rights, and violation of equal protections under those laws. The way to do this is through signed affidavits from at least 30,000 voters in Maricopa County. The amount of signed affidavits (under penalty of perjury) must exceed the unofficial margin of victory in each race contested. Without these affidavits from the voters who had their rights violated, judges will not be able to see the full impact of what occurred on Election Day. These affidavits must be filled out immediately and must be complete with full descriptions of what voters experienced, coupled with screen shots, images, videos, witnesses, etc. Time is of the essence here and we only get one crack at this so we better make it count. If you are a voter in Maricopa County and you experienced difficulty voting, we NEED TO HEAR FROM YOU NOW. Don’t wait or hesitate because it could be too late. Please go to www.savearizonanow.com and file your affidavit today!!!
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