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Plot twist in Kraken 2.0 election suit scheduled for hearing in Pinal Cty Sup Court today: SOS office has filed declaration from elections director stating plaintiff is not a qualified elector in AZ. (State law says election contests can be brought by an 'elector of the state.')
Preliminary hearing is set to start any second now. This is to weigh motions to dismiss from the Secretary of State's Office and Maricopa County.
Audio for this was supposed to be live but so far, I'm not hearing anything.. giving it a few more mins.
Ok, here we go.
For background on the case (and Friday's brief hearing), see this thread: https://twitter.com/mpolletta/status/1337519611504254976?s=20
For background on the case (and Friday's brief hearing), see this thread: https://twitter.com/mpolletta/status/1337519611504254976?s=20
Burk says her amended complaint aims to add Arizona's Biden electors as defendants, as well as Pinal County Board of Supervisors and recorder.
Sounds like original defendants didn't get copies of Burk's amended complaint this morning. They say they're still ok to proceed with arguments re motions to dismiss today. (One attorney said amendments 'would be futile' anyway.)
Up first: Roopali Desai, lawyer for @SecretaryHobbs.
'Without being a registered voter, she is unable to file this election contest and in fact did not even participate in the general election of 2020,' she says. 'Beyond that, there are many problems with the complaint.'
'Without being a registered voter, she is unable to file this election contest and in fact did not even participate in the general election of 2020,' she says. 'Beyond that, there are many problems with the complaint.'
Desai says Burk's suit is 'untimely' as it was not filed within five-day window after certification.
'The electoral college mtg was held & the Biden electors cast their votes...so to the extent that Ms, Burk seeks some sort of relief denying the electors their opp to cast their votes, those claims are moot,' she says. 'They were frankly moot at the time she filed her complaint.'
Judge asks about Burk's registration status (she argues she's a qualified elector bc she's *eligible* to register.) Desai says state law explicitly defines qualified elector as someone who is 'qualified to register to vote' & 'properly registered to vote.' https://www.azleg.gov/ars/16/00121.htm
Onto Joseph Branco, arguing for Maricopa County Attorney's Office.
'Elections are not perpetual litigation machines,' he says. 'We're sitting here roughly six weeks after the election and (Burk) is trying to amend the complaint yet again.'
'Elections are not perpetual litigation machines,' he says. 'We're sitting here roughly six weeks after the election and (Burk) is trying to amend the complaint yet again.'
'Copy and pasting another lawsuit and shoehorning in some kind of statement with multiple levels of hearsay do not satisfy Rule 9B....given the significance of the issues that are attempting to be raised here,' Branco says.
(Rule he's referencing: https://govt.westlaw.com/azrules/Document/NF63AE53086E011E699029391C09D0CE5)
(Rule he's referencing: https://govt.westlaw.com/azrules/Document/NF63AE53086E011E699029391C09D0CE5)
(Sorry, my laptop imploded as I was trying to post the last tweet.)
Onto Burk for rebuttal. She's arguing that an elector is 'simply someone who is qualified to be registered to vote' and that amending her complaint to add defendants was appropriate.
Onto Burk for rebuttal. She's arguing that an elector is 'simply someone who is qualified to be registered to vote' and that amending her complaint to add defendants was appropriate.
'I spent a lot of time this weekend, so I'm pretty exhausted, formulating a response to the timeframe issues,' Burk says. 'There are so many lawyers on the other side, I can't keep track of who's speaking for which thing.'
'I put forth some really serious allegations of election fraud. And some of those allegations, I can bring direct evidence. And it's my contention that that's all that's needed to be able to move forward, is giving me the chance to bring that evidence to the court,' Burk says.
She says it's 'ironic' that lawyers for defendants are highlighting her lack of voter registration when one of her allegations is that she was denied the right to vote bc her registration was canceled.
SOS filing from this morning says her registration was canceled 10 yrs ago.
SOS filing from this morning says her registration was canceled 10 yrs ago.
Burk says she doesn't know where they're getting the 10 years from, that the registration conversation happened 'recently.'
They got that info from the statewide voter registration database.
They got that info from the statewide voter registration database.
'I didn't even know the names of the Biden electors (at first)...I was doing the best I could. It's a really short timeframe to get all of this information together to file,' Burk says.
Both Friday and today, Burk has repeatedly highlighted a David vs Goliath-type dynamic between her (representing herself) and state/county officials (represented by experienced counsel).
Judge has pointed out that it's indeed a lot of work but she's still bound by same rules.
Judge has pointed out that it's indeed a lot of work but she's still bound by same rules.
Judge confirms that Burk is 'conceding' she was not registered to vote at the time of the 2020 election.
'Yeah, I mean I'm bringing forth a complaint that I was denied the ability to vote, that I was denied the ability to register to vote.'
'Yeah, I mean I'm bringing forth a complaint that I was denied the ability to vote, that I was denied the ability to register to vote.'
After Burk goes on for several mins about difference (acc to her interpretation) btwn an 'elector' and a 'qualified elector,' arguing she need only be the first to bring election contest, judge points out that she identified herself as a 'qualified elector' in her filings.
After a long pause, she says: 'I made a mistake, Your Honor.'
Later: 'I guess when I said of qualified elector, I was thinking in my mind I was qualified to *be* an elector.'
Later: 'I guess when I said of qualified elector, I was thinking in my mind I was qualified to *be* an elector.'
Judge won't be ruling from the bench today; he's taking this under advisement. But he notes the 'timeline we're dealing with' and says to anticipate ruling coming out 'very quickly.'
