The Arizona Democratic Party lost the battle
Maricopa County Superior Court Judge Daniel Martin on April 28 rejected an attempt by Arizona Dems to halt the audit of the 2020 presidential elections. The Arizona judge says Dems didn’t provide “substantive evidence of any breaches or threatened breaches of voter privacy.”
They filed a lawsuit before the official start of the last week. It may succeed, but this time it didn’t get the “strong likelihood” of succeeding standard needed for a temporary restraining order.
Martin is not convinced that the balance of hardship in the case or public policy goes in favor of the plaintiffs. They need these two factors to grant the order.
Arizona Dems have to decide whether they will seek a review of the final ruling from a higher court. Maybe they will move on to an evidentiary hearing to make their election case for an injunction.
Lawyers say that Cyber Ninjas didn’t train their employees and didn’t implement enough plans for security procedures. Cyber Ninjas is one of the firms the Arizona Senate hired to secure ballots and finish the audit.
The exhibit they entered didn’t contain much evidence to convince Judge Martin to halt the process.
Judge Martin ruled against the attempt of Cyber Ninjas to file under seal docs the company considers “sensitive.” The judge ruled, “The company failed to show an overriding interest exists that supports filing under seal and overcomes the right of public access to the information.”
The hearing happened a day after Martin decided against stopping the audit. He took over the case after his predecessor recused himself. Martin said he may stop it in the next hearing.
Defendants asserted that the coliseum and about 2.1 million election ballots were reviewed. Machines used in the November election were secured, too.
Former Republican Secretary of State Ken Bennet said the facility is under constant armed guard every day of the week.
Bennet and one other person can unlock containers filled with ballots.
“We have to do everything we can to protect the sanctity of the ballot box. We’re never going to get 100 percent of the people to agree on who should win the election, but we should have as close as possible to 100 percent of the people who have confidence that the election process was done with integrity, and that’s what we’re here to do,” Bennett said during an April 27 press conference.
Arizona Secretary of State Katie Hobbs and other critics said the audit was unnecessary.
“It’s clear now that there’s really nothing valid that’s going to come out of this exercise,” Hobbs, a Democrat, said during an appearance on MSNBC’s “Rachel Maddow Show” on April 27.
“All this is going to do is continue to undermine voters’ confidence in the process.”
Arizona Republicans Party Chair Kelli Ward went on Newsmax at the same time and said Democrats just want to delay the audit.
“They’re trying to throw as many problems into the process that they can to slow this down,” she said.
Bennett appointed John Brakey, co-founder of Audit USA and a progressive Democrat, as assistant liaison to stem criticism from liberals of the audit.
Brakey said the presidential election wasn’t audited before.
“Even the hand-count audit of the primary election only reviewed 1 percent or 25 ballot batches in contrast to the full review currently going on.”
County party chairs appointed 100 people as confirmed by a county spokeswoman.
Workers have gone through 100,000 ballots as of April 27 as suggested by Bennett.