Arizona Kracken lawsuit

Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 6 of 53
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14. Because this Complaint concerns mainly federal questions, it was not styled
as a Statement of Contest within the meaning of ARS §§ 16-671 - 16-678.
15. Nonetheless, the factual basis of this Complaint would also support an
election contest under Arizona law since A.R.S. § 16-672 allows for contests on the
grounds of misconduct, offenses against the elective franchise, on account of illegal votes,
and by reason of erroneous count of votes.
16. Similarly, the relief sought is in accord with Arizona law. A.R.S. § 16-676
provides clear remedies in the event of a successful contest, providing that the results of an
election may either be annulled and set aside, A.R.S. § 16-676(B), or, if it appears that the
winner was other than the person certified, the erroneously declared winner's certificate of
election can be revoked A.R.S. § 16-676(C).
17. In the event that the election is annulled and set aside, there would certainly
not be time to hold a new election, especially given the issues identified herein. However,
it would be eminently proper for the question of the choice of electors to then revert to the
legislature, for “[t]here is no doubt of the right of the legislature to resume the power [to
appoint electors] at any time, for it can neither be taken away nor abdicated.” Bush v. Gore,
531 U.S. 98, 104, 121 S. Ct. 525, 529-30, 148 L.Ed.2d 388, 398 (2000) (citing with
approval McPherson v. Blacker, 146 U.S. 1, 35, 13 S. Ct. 3, 10, 36 L.Ed. 869, 877 (1892)).
18. Furthermore, this Court need not be concerned with whether such weighty
questions can be addressed on an expedited timeline, because Arizona law provides very
aggressive deadlines for the resolution of elections challenges. Specifically, Arizona law
provides for election challenges to be resolved on the merits within 10 days of filing.
A.R.S. § 16-676(A).
Expert Witness Testimony on Widespread Voting Fraud
19. This Complaint presents expert witness testimony demonstrating that
several thousands of illegal, ineligible, duplicate or purely fictitious votes must be
thrown out, in particular:
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