Lake v. Hobbs, day 1

• Ms. Lake lost the November 2022 general election for Arizona governor to our sitting Secretary of State, Katie Hobbs, by about 17,000 votes. There is litigation in the Superior Court in Maricopa County contesting the outcome on a number of grounds, two of which were granted a two-day mini-trial before Judge Peter A. Thompson, sitting in Mesa, Arizona. The first day of testimony took place yesterday, December 21.

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• Ms. Lake has a problem known to lawyers as needing to prove a case within a case. In addition to showing that serious problems occurred, she must also show that a different outcome would have resulted but for the problems. It is a heavy burden, as any malpractice attorney will tell you. …

• Jarrett testified that although the ballots were printed on 20-inch paper, and only a 20-inch ballot format was permitted by the software used this time, some prior elections used a 19-inch ballot format. He added that 70 different voting centers (out of 223) required that computer technicians be sent to the polling place on election day to change settings on either the computers that spooled the print jobs, or the printers, or something else on the on-demand printing system.

• Surprisingly, Jarrett did not mention printer toner problems. He denied that wait times were longer than seen in other elections, or that the Republican party asking its base to vote in person on election day caused a spike in the number of voters the same day voting system could not handle. I did not think the testimony of these two witnesses was all that helpful to Ms. Lake.

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[There is lots more at the link, including some interesting points made that *were* more helpful to Lake’s case. — Ed]

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