Arizona Supreme Court Upholds Election Challenge Dismissal

OPINION: This article contains commentary which reflects the author's opinion

The Arizona Supreme Court on Tuesday upheld a lower court decision dismissing the last in a series of challenges that sought to decertify Democrat Joe Biden’s victory in the state.

The high court ruling is the second time the all-Republican court has turned aside an appeal of a court loss by backers of President Donald Trump seeking to overturn the results of the election, the Houston Chronicle reported.

In all, eight lawsuits challenging Biden’s Arizona win have failed. It comes the day before a divided Congress is set to certify Biden’s victory.

Tuesday’s ruling from a four-judge panel of the high court agreed with a trial court judge in Pinal County that plaintiff Staci Burk lacked the right to contest the election.

That’s because she wasn’t a registered voter at the time she filed her lawsuit, as required in state election contests. Both courts also agreed that she made her legal challenge too late, after the five-day period for filing such action had passed.

Burk said in her lawsuit that she was a qualified Arizona voter, but officials said they discovered she wasn’t registered to vote. She later said she mistakenly thought “qualified electors” were people who were merely eligible to vote, and that her voter registration was canceled because election workers were unable to verify her address.

The state Supreme Court said the fact that she wasn’t a registered voter was fatal to her ability to file an election challenge and that Burk admitted she knew she wasn’t registered.

“There is nothing before the Court to indicate that Appellant timely contacted the appropriate authorities to correct any problems with her voter registration,” Chief Justice Robert Brutinel wrote. “An election challenge … is not the proper vehicle to reinstate voter registration.”

Biden won the state over President Donald Trump by more than 10,000 votes and the results were certified last month.

At this point, all eyes are on Vice President Mike Pence.

On Tuesday, the president fired off an explosive tweet on the eve of the Jan. 6 certification of the Electoral College and it’s already raising eyebrows.

“If Vice President Mike Pence comes through for us, we will win the Presidency. Many States want to decertify the mistake they made in certifying incorrect & even fraudulent numbers in a process NOT approved by their State Legislatures (which it must be). Mike can send it back,” Trump wrote

Earlier on Tuesday, Trump claimed Pence has the authority to “reject fraudulent chosen electors.”

“The Vice President has the power to reject fraudulently chosen electors,” Trump wrote.

During a rally on Monday night at a Georgia rally, Pence himself made some interesting comments on the matter.

“I know we all got our doubts about the last election … I promise you, come this Wednesday we’ll have our day in Congress. We’ll hear the objections. We’ll hear the evidence, but tomorrow is Georgia’s day,” the Vice President said to a crowd at Rock Springs Church in Milner while campaigning for Georgia GOP Sens. Kelly Loeffler and David Perdue.

According to a report from Axios, Pence reportedly “welcomes” an Electoral Vote challenge by House and Senate Republicans.

The comments were made in a statement by Pence’s Chief of Staff Marc Short.

“Vice President Pence shares the concerns of millions of Americans about voter fraud and irregularities in the last election…” Short said in the statement to Axios. “The Vice President welcomes the efforts of members of the House and Senate to use the authority they have under the law to raise objections and bring forward evidence before the Congress and the American people on January 6th.”

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