Arizona Kracken lawsuit

Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 42 of 53
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106. Defendants are not part of the Arizona Legislature and cannot exercise
legislative power. Because the United States Constitution reserves for the Arizona
Legislature the power to set the time, place, and manner of holding elections for
the President and Congress, county boards of elections and state executive officers
have no authority to unilaterally exercise that power, much less to hold them in
ways that conflict with existing legislation.
i. The VRA, 52 U.S.C. § 10307, also provides, in relevant part, that,
ii. No person acting under color of law shall fail or refuse to permit
any person to vote who is entitled to vote under any provision of
chapters 103 to 107 of this title or is otherwise qualified to vote, or
willfully fail or refuse to tabulate, count, and report such person’s
vote.
iii. Federal law also requires the states to maintain uniform voting
standards. Section 301 of the Help America Vote Act of 2002
[HAVA], (Pub. L. 107–252, 116 Stat. 1704, codified at 42 U.S.C. §
15481.
iv. Each voting system used in an election for Federal office shall meet
the following requirements: (6) Each State shall adopt uniform and
nondiscriminatory standards that define what constitutes a vote and
what will be counted as a vote for each category of voting system
used in the State. 42 U.S.C. §15481(a)(6).
107. With respect to unreturned ballots recorded for voters who did return
their ballot but were recorded as being unreturned, Plaintiffs have identified 78,714
to 94,975 ballots out of 518,560 absentee / mail ballots. Id. These absentee ballots
were either lost or destroyed (consistent with allegations of Trump ballot
destruction) and/or were replaced with blank ballots filled out by election workers,
Dominion or other third parties.
108. Taking the average of the two types of errors together, 303,305 ballots, or
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