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U.S. appeals court tosses out Kari Lake, Mark Finchem lawsuit

Says claim is invalid, not enough evidence
Kari Lake is vying to become Arizona's next governor.
Mark Finchem
Posted at 6:11 PM, Oct 16, 2023
and last updated 2023-10-16 21:11:27-04

TUCSON, Ariz. (KGUN) — A federal appeals court is tossing out Kari Lake and Mark Finchem's lawsuit alleging voting machines violate their constitutional rights.

The judicial proceedings included Pima County Board of Supervisors:

  • Matt Heinz,
  • Sharon Bronson,
  • Steve Christy
  • and Adelita Grijalva

as defendants against the two plaintiffs.

9th Circuit Court of Appeals Judges Ronald M. Gould, Andrew D. Hurwitz and Patrick J. Bumatay decided Monday Lake and Finchem did not present enough evidence supporting their claim.

None of Plaintiffs’ allegations supported a plausible inference that their individual votes in future elections will be adversely affected by the use of electronic tabulation, particularly given the robust safeguards in Arizona law, the use of paper ballots, and the post-tabulation retention of those ballots.

The panel concluded that speculative allegations that voting machines may be hackable were insufficient to establish an injury in fact under Article III.

Ultimately, the judges' decision means since the election is over, Lake and Finchem's claim is invalid because the voting machines no longer affect them as candidates.

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Caleb Fernández is a digital content producer for KGUN 9. After earning his bachelor's degree from Penn State in Advertising/Public Relations, Caleb went to New York where he learned production assistance, photography and art direction. Share your story ideas and important issues with Caleb by emailing caleb.fernandez@kgun9.com or by connecting on LinkedIn, Instagram, and Twitter.