ballots were processed and tabulated on or after Election Day, they could have brought the instant action on Election Day or during the weeks of canvassing that followed—yet they did not.
Plaintiffs base the claims related to election machines and software on “expert and fact witness” reports discussing “glitches” and other alleged vulnerabilities that occurred as far back as 2010. If Plaintiffs had legitimate concerns about the election machines and software, they could have filed this lawsuit well before the 2020 General Election—yet they sat back and did nothing.
... Plaintiffs’ claims for relief are not merely last-minute—they are after the fact. While Plaintiffs delayed, the ballots were cast; the votes were counted; and the results were certified. The rationale for interposing the doctrine of laches is now at its peak.
... Plaintiffs could have lodged their constitutional challenges much sooner than they did, and certainly not three weeks after Election Day and one week after certification of almost three million votes. The Court concludes that Plaintiffs’delay results in their claims being barred by laches.
Tl;dr read my quote above - The court saw through their BS.
I don't know why, but I found that document highly entertaining. Maybe because it was a lot of legalese which, when translated, says, These people are incompetent goons.
Religion is for people whose existential fear is greater than their common sense.
I don't know why, but I found that document highly entertaining. Maybe because it was a lot of legalese which, when translated, says, These people are incompetent goons.
There is apparently an appendix to this motion that contains detailed critiques of Sidney's experts by bona fide statisticians, people with first-hand knowledge of how the election process works, etc. The motion gives examples from it, but reading the whole thing would be interesting. If I stumble upon a link, I'll post it.
he/him we all just have to live through it,
holding each other’s hands.
PHOENIX — A judge tossed out a bid by the head of the Arizona Republican Party to void the election results that awarded the state’s 11 electoral votes to Democrat Joe Biden.
The two days of testimony produced in the case brought by GOP Chairwoman Kelli Ward produced no evidence of fraud or misconduct in how the vote was conducted in Maricopa County, said Maricopa County Superior Court Judge Randall Warner in his Friday ruling.
Warner acknowledged that there were some human errors made when ballots that could not be read by machines due to marks or other problems were duplicated by hand.
But he said that a random sample of those duplicated ballots showed an accuracy rate of 99.45%.
Warner said there was no evidence that the error rate, even if extrapolated to all the 27,869 duplicated ballots, would change the fact that Biden beat President Trump.
The judge also threw out charges that there were illegal votes based on claims that the signatures on the envelopes containing early ballots were not properly compared with those already on file.
He pointed out that a forensic document examiner hired by Ward’s attorney reviewed 100 of those envelopes.
And at best, Warner said, that examiner found six signatures to be “inconclusive,” meaning she could not testify that they were a match to the signature on file.
But the judge said this witness found no signs of forgery.
Finally, Warner said, there was no evidence that the vote count was erroneous. So he issued an order confirming the Arizona election, which Biden won with a 10,457-vote edge over Trump.
Federal court case remains to be heard
Friday’s ruling, however, is not the last word.
Ward, in anticipation of the case going against her, already had announced she plans to seek review by the Arizona Supreme Court.
And a separate lawsuit is playing out in federal court, which includes some of the same claims made here along with allegations of fraud and conspiracy.
That case, set for a hearing Tuesday, also seeks to void the results of the presidential contest.
It includes allegations that the Dominion Software voting equipment used by Maricopa County is unreliable and was programmed to register more votes for Biden than he actually got.
PHOENIX — A judge tossed out a bid by the head of the Arizona Republican Party to void the election results that awarded the state’s 11 electoral votes to Democrat Joe Biden.
The two days of testimony produced in the case brought by GOP Chairwoman Kelli Ward produced no evidence of fraud or misconduct in how the vote was conducted in Maricopa County, said Maricopa County Superior Court Judge Randall Warner in his Friday ruling.
Warner acknowledged that there were some human errors made when ballots that could not be read by machines due to marks or other problems were duplicated by hand.
But he said that a random sample of those duplicated ballots showed an accuracy rate of 99.45%.
Warner said there was no evidence that the error rate, even if extrapolated to all the 27,869 duplicated ballots, would change the fact that Biden beat President Trump.
The judge also threw out charges that there were illegal votes based on claims that the signatures on the envelopes containing early ballots were not properly compared with those already on file.
He pointed out that a forensic document examiner hired by Ward’s attorney reviewed 100 of those envelopes.
And at best, Warner said, that examiner found six signatures to be “inconclusive,” meaning she could not testify that they were a match to the signature on file.
But the judge said this witness found no signs of forgery.
Finally, Warner said, there was no evidence that the vote count was erroneous. So he issued an order confirming the Arizona election, which Biden won with a 10,457-vote edge over Trump.
Federal court case remains to be heard
Friday’s ruling, however, is not the last word.
Ward, in anticipation of the case going against her, already had announced she plans to seek review by the Arizona Supreme Court.
And a separate lawsuit is playing out in federal court, which includes some of the same claims made here along with allegations of fraud and conspiracy.
That case, set for a hearing Tuesday, also seeks to void the results of the presidential contest.
It includes allegations that the Dominion Software voting equipment used by Maricopa County is unreliable and was programmed to register more votes for Biden than he actually got.
I don't believe in the conspiracy theories about Dominion. Former GOP Senator McSally did worse in Arizona and in Maricopa County than Trump.
Thanks, Brak. That's why I don't subscribe to Marc Elias's version of a win-loss record. Not until the appeals are exhausted or the time to appeal has expired. Unlike the many suits filed in federal court, an election challenge conducted under state law is the official procedure for challenging an election. Kellie Ward lost in the trial court, and has under Arizona law a right to an appeal (If I Recall Correctly). Her claims have nothing to do with Dominion machines switching votes.
There were also several law suits filed by organizations that would have affected their 501(c)(3) or (4) status. When they recognized the problem they voluntarily dismissed those suits. Those are counted as "losses" in the totals.
he/him we all just have to live through it,
holding each other’s hands.
The federal judge in GA has dismissed the original Krakken on the merits, from the bench. That's fairly rare, and indicates that the decision was very easy for the judge to make. Just to review the history of this case. Plaintiffs filed their complaint just before Thanksgiving. Then late on Friday, they filed a motion for emergency relief that included decertifying the election. The state had to scramble over the weekend to get ready for a zoom hearing on Sunday of Thanksgiving weekend. The judge granted part of the relief (ordering no changes to be made to certain voting machines) and set a very short briefing schedule for a hearing on other relief requested. Instead of filing a brief and arguing at the hearing (which would have been last Wednesday), plaintiffs filed an emergency appeal with the 11th Circuit and asked the trial judge to cancel the hearing. The judge did, warning plaintiffs that any resulting delay was their own fault. The 11th Circuit ordered briefing on jurisdiction. It then dismissed for lack of jurisdiction.
Meanwhile, Marc Elias and his crew had filed a motion to dismiss and a motion to strike expert witnesses. Plaintiff responded. That's what the judge ruled on today. Unlike the many, many rulings on motions for emergency TROs or preliminary injunctions, this was a dismissal on the merits. That ends the case in the trial court, for now. The Krakken can appeal to the 11th Cir., but given its opinion on jurisdiction issues (which are still at issue on the merits), good luck. This, the original Krakken, is badly wounded.
he/him we all just have to live through it,
holding each other’s hands.
I don't believe in the conspiracy theories about Dominion. Former GOP Senator McSally did worse in Arizona and in Maricopa County than Trump.
Brack, have you heard any specific theories regarding the Dominion machines? All I've heard are vague whispers, but I haven't heard anyone actually outline what they think the machines had to do with voter fraud. Were they hacked? Did someone reprogram them? Were the hackers only successful in swing states? (lol on that last one).
Or is it just the ghost of Hugo Chavez messing with voting machines? Ooooo, a ghost in the machine!
Seriously, I wonder if anyone has an actual theory on that. If so, I haven't heard it. Reading the doc RI linked about the witness reports, all they do is allude to "something strange with the machines" and "statistical anomalies." They went to court armed with ajax level reasoning. I'm still waiting for a coherent idea for how the machines led to fraud.
Religion is for people whose existential fear is greater than their common sense.
I don't believe in the conspiracy theories about Dominion. Former GOP Senator McSally did worse in Arizona and in Maricopa County than Trump.
Brack, have you heard any specific theories regarding the Dominion machines? All I've heard are vague whispers, but I haven't heard anyone actually outline what they think the machines had to do with voter fraud. Were they hacked? Did someone reprogram them? Were the hackers only successful in swing states? (lol on that last one).
Or is it just the ghost of Hugo Chavez messing with voting machines? Ooooo, a ghost in the machine!
Seriously, I wonder if anyone has an actual theory on that. If so, I haven't heard it. Reading the doc RI linked about the witness reports, all they do is allude to "something strange with the machines" and "statistical anomalies." They went to court armed with ajax level reasoning. I'm still waiting for a coherent idea for how the machines led to fraud.
Yes, there is a theory. The theory is that Dominion's original mission was to produce voting machines that were capable of undetectable methods to insure that he never lost another election. That method was to assign multipliers to the votes. Like, count a Trump vote as .6 of a vote, while count a Biden vote as 1.4 votes. This would be done by inputting and then deleting an otherwise untraceable algorithm during the election. They do not present any direct evidence that this is possible or that it actually occurred. Instead, they present a bunch of BS "statistical analysis" like you'd find some amateur doing in a reddit post. They claim that the statistical "anomalies" present is evidence that the voting machines must have been rigged.
Here's one specific claim I recall. Someone said in an affidavit that the machines had an RCV setting that could be used to eliminate votes, and that it could have been used to cancel Trump votes. In fact, RCV stands for "Ranked Choice Voting." It's a setting used in jurisdictions that employ a form of ranked choice voting. It automatically performs the rounds of calculation that RCV requires instead of election officials having to to it manually. So, four candidates for office but no one gets a majority. Reassign the votes for the last place candidate based on the voters second choice on the ballot. Rinse and repeat until one candidate gets 50%. Yes, the setting eliminates (actually, reassigns) the votes of the last place candidate, but it also reports the totals of each round before doing so. And the setting is used only in jurisdictions that use rank choice voting. But the fact that the setting even exists is treated as suspicious, even though there is no evidence that the setting was used in the states where lawsuits were filed.
he/him we all just have to live through it,
holding each other’s hands.
Yes, there is a theory. The theory is that Dominion's original mission was to produce voting machines that were capable of undetectable methods to insure that he never lost another election. That method was to assign multipliers to the votes. Like, count a Trump vote as .6 of a vote, while count a Biden vote as 1.4 votes. This would be done by inputting and then deleting an otherwise untraceable algorithm during the election. They do not present any direct evidence that this is possible or that it actually occurred. Instead, they present a bunch of BS "statistical analysis" like you'd find some amateur doing in a reddit post. They claim that the statistical "anomalies" present is evidence that the voting machines must have been rigged.
OK, so Dominion is a Biden fan. Interesting. Seems to me that it would be quite an unnecessary extra expense to make machines like this, given the additional design and labor, so they must really love Biden.
Here's one specific claim I recall. Someone said in an affidavit that the machines had an RCV setting that could be used to eliminate votes, and that it could have been used to cancel Trump votes. In fact, RCV stands for "Ranked Choice Voting." It's a setting used in jurisdictions that employ a form of ranked choice voting. It automatically performs the rounds of calculation that RCV requires instead of election officials having to to it manually. So, four candidates for office but no one gets a majority. Reassign the votes for the last place candidate based on the voters second choice on the ballot. Rinse and repeat until one candidate gets 50%. Yes, the setting eliminates (actually, reassigns) the votes of the last place candidate, but it also reports the totals of each round before doing so. And the setting is used only in jurisdictions that use rank choice voting. But the fact that the setting even exists is treated as suspicious, even though there is no evidence that the setting was used in the states where lawsuits were filed.
Wow, if you squint hard enough, you could almost make a case of this one.
Thanks RI.
Religion is for people whose existential fear is greater than their common sense.
Well, its not quite clear because the nature and composition of the conspiracy is constantly shifting. They claim that somebody connected with either the hardware or the software hates Trump, and so he somehow arranged for China and Iran (I think) to do the dirty work. Like all conspiracy theories, it's kind of a mess when you try to put it all together.
he/him we all just have to live through it,
holding each other’s hands.
