Spaceman Spiff
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Republican officials behind a lawsuit alleging poll workers "incorrectly rejected" votes cast in person on Election Day will make their case in front of a Maricopa County Superior Court judge later this week.
The defendants — Secretary of State Katie Hobbs, Maricopa County Recorder Adrian Fontes and the Maricopa County Board of Supervisors — also will have a chance to produce evidence and make oral arguments, according to Judge Daniel Kiley.
But it appears unlikely the case would affect the outcome of the presidential vote. A lawyer for the county said fewer than 200 ballots are at issue.
President Donald Trump’s reelection campaign filed the lawsuit Saturday, alongside the Republican National Committee and the Arizona Republican Party. The complaint claims Maricopa County poll workers disregarded procedures designed to give voters a chance to correct ballot mistakes, possibly affecting final vote counts.
Its central claim involves “overvotes,” which happen when voters mark more options than allowed in a particular race. Because stray markings and other irregularities can cause Maricopa County tabulation machines to perceive an overvote, the tabulators are programmed to alert voters when that happens.
A voter then has two choices: “Spoil” the ballot and request a replacement, or cast the original ballot with the warning that overvotes may not be counted.
The lawsuit says voters who choose to proceed with their original ballots are entitled to a manual inspection of their ballots later and contends some poll workers urged voters to cast their ballots without further review. It calls for officials to identify and inspect Election Day ballots from Maricopa County that contain apparent "irregularities in connection with the voter’s selection of a candidate."
In a preliminary hearing held Monday, Roopali Desai, an attorney representing the Secretary of State’s Office, described the lawsuit as “an effort to find a problem when one does not exist.”
She noted the Republican Party had set up a website to solicit affidavits from voters or poll workers — undermining, she said, “the entire process and the very hard work of the many many people who are administering the election … and the voters themselves” — and argued the relief sought by the Trump campaign may not be possible under state law.
Thomas Liddy, representing Maricopa County, said the plaintiffs had offered “very little evidence” to support the idea of a systematic problem. Noting the lawsuit's claim that thousands of Trump votes could go uncounted, he countered: “Under that theory, you’d also see thousands of votes for the Democratic candidate” going uncounted.
“There were 155,860 votes voted in person on Election Day (in Maricopa County),” Liddy continued. “Of those, the tabulator only identified 180 potential overvotes on the presidential line … 180, that’s it.”
And he said it would be “absurd” to assume that all 180 were incorrectly deemed overvotes.
“There is no possibility of systematic error with only 180 out of 155,860,” he said.
https://www.azcentral.com/story/news/politics/arizona/2020/11/09/arizona-election-results-maricopa-county-challenge-involves-180-ballots/6229767002/