Page:Ward v. Jackson (CV-20-0343-AP EL) (2020) Decision Order.pdf/6

Arizona Supreme Court No. CV-20-0343-AP/EL

Page 6 of 7 ''Arizona Pub. Integrity All. v. Fontes'', ___ Ariz. ___, 475 P.3d 303, 305 (Ariz. November 5, 2020). Here, however, there are no allegations of any violation of the EPM or any Arizona law.

Intervenor Maricopa County argues that the trial court could not entertain this challenge under A.R.S. § 16-672(A) which authorizes a contest of the “election of any person declared elected to state office.” Intervenors/Defendants/Amicus contend that the Court must decide this matter within the “safe harbor” deadline of 3 U.S.C. § 5.

The Court concluded, unanimously, that the trial judge did not abuse his discretion in denying the request to continue the hearing and permit additional inspection of the ballots. The November 9, 2020 hand count audit revealed no discrepancies in the tabulation of votes and the statistically negligible error presented in this case falls far short of warranting relief under A.R.S. § 16-672. Because the challenge fails to present any evidence of “misconduct,” “illegal votes” or that the Biden Electors “did not in fact receive the highest number of votes for office,” let along establish any degree of fraud or a sufficient error rate that would undermine the certainty of the election results, the Court need not decide if the challenge was in fact authorized under A.R.S. § 16-672 or if the federal “safe harbor” deadline applies to this contest. Therefore,

IT IS ORDERED affirming the trial court decision and confirming the election of the Biden Electors under A.R.S. § 16-676(B).

IT IS FURTHER ORDERED directing Defendants/Intervenors to file a