Arizona Kraken lawsuit

Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 32 of 53
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“NotCastImages” which holds ballot scans of “problem ballots”. It may be
possible for an administrator of the “ImageCast Central” workstation to
view and delete any individual ballot scans from the “NotCastImages”
folder by simply using the standard Windows delete and recycle bin
functions provided by the Windows 10 Pro operating system. Id. 9-11.
89. The Voting Rights Act, 52 U.S.C. §10101(e), provides, in relevant part:
… When used in the subsection, the word “vote” includes all action necessary to make a
vote effective including, but not limited to, registration or other action required by State
law prerequisite to voting, casting a ballot, and having such ballot counted and included in
the appropriate totals of votes cast with respect to candidates for public office and
propositions for which votes are received in an election;
a. The VRA, 52 U.S.C. § 10307, also provides, in relevant part, that,
b. 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.
c. 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.
d. 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)
e. State laws define a “vote” as a “ballot” that clearly indicates the intent of the
voter to choose a candidate. “Ballot” means a ballot label, sheet of paper or
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