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LIVE TWEETING coverage of the Order to Show Cause hearing on the @azdemparty / @Steve_Gallardo lawsuit against @ArizonaAudit starting at 11am.
In meantime, check out our updated sidebar explaining the judicial assignment process and what parties can do if they think the judge is biased.
http://bit.ly/AZlaw1181
http://bit.ly/AZlaw1181
Here is the Complaint filed yesterday: http://bit.ly/AZlaw1180
Kory Langhofer and Tom Basile are there for the Defendants. Joe La Rue for @maricopacounty, and Jim Barton for @azdemparty / @Steve_Gallardo. (So far....)
The phone hold music is (as usual) featuring "Laissez Les Bon Temps Roulez". LOVE the zydeco!!!!
Roopali Desai is now there, too, for the plaintiffs. About to get started.
We also have Alex Kolodin, appearing for the _________.
Bo Dul is on the telephone as the State's Election Director.
Kolodin is appearing for CYBER NINJAS. (Makes sense.)
Tom Liddy is with @Joseph_La_Rue for the County. (Even though County is not a party.
@SecretaryHobbs also has Osborn Maledon on the call in case they are needed.
@SecretaryHobbs also has Osborn Maledon on the call in case they are needed.
(Josh Bendor from Osborn Maledon.)
Langhofer jumps right in with "legislative immunity" because the session is still in progress. (And, he's right, there's been no speeding in this audit.)
Also raises standing and separation of powers.
Also raises standing and separation of powers.
Desai asks for an Emergency TRO until Judge Coury can hear from all on these issues. --PW
Happy to be joined now by the one and only @ThePolitiKat, an elections expert! --PW
Judge Coury: Putting the cart before the horse on the standing issue. I'll hear offers of proof re: standing. Feels there are different issues on standing of @azdemparty and County Supe @Steve_Gallardo.
Kolodin jumps in and point out the Ninjas only have 20 days. --PW
Kolodin jumps in and point out the Ninjas only have 20 days. --PW
Desai is pointing out that IF Cyber Ninjas is acting under color of state law, they have to follow all state laws. Have to disclose monies being paid.
Says @BennettArizona gave out blue pens this a.m., which can be read by the tabulating machines.
--PW
Says @BennettArizona gave out blue pens this a.m., which can be read by the tabulating machines.
--PW
Desai is not addressing the standing issues raised by Langhofer and that Judge Coury wants to hear about. --PW
Now Langhofer hammering on the legislative immunity.
Let's separate the political rhetoric from the legal issues. Then makes political argument: No hate groups running this.
PW
Let's separate the political rhetoric from the legal issues. Then makes political argument: No hate groups running this.
PW
Langhofer: This issue (standing) was litigated again and again and again since December. Now the shoe is on the other foot.
--PW
--PW
Video of Langhofer is getting garbled, Judge Coury points out. PW
Speaking of the blue pens issue, it was brought to attn by Jen: https://twitter.com/JenAFifield/status/1385657495528505344
Judge Coury asks Langhofer if State Senate would agree to follow all state election laws: security, confidentiality, red pens, etc. "It strikes me that if the Senate and its designee are being fully compliant with all AZ law, they should be able to say that." PW
Langhofer: A lot of the procedures in the EPM "just don't apply here."
(He's right, in that the law and the manual already have auditing procedures in place. This new effort by the Senate is totally extra-legal and new ground.) --PW
(He's right, in that the law and the manual already have auditing procedures in place. This new effort by the Senate is totally extra-legal and new ground.) --PW
Kolodin now addressing how they've been chasing the County's trucks around to make sure that everything is properly received and signed for. Secrecy is taken care of.
Coury asks about signatures. Kolodin: "I'd be happy to investigate and brief that to the court."
--PW
Coury asks about signatures. Kolodin: "I'd be happy to investigate and brief that to the court."
--PW
Judge Coury says he's "very concerned about the doctrine of laches here." (That means he doesn't like the AZDems waiting til yesterday to file.)
Asks Kolodin how much a delay would cost the audit effort.
--PW
Asks Kolodin how much a delay would cost the audit effort.
--PW
Judge Coury asks about confidentiality agreements signed (or, not) by the volunteers.
Kolodin says there is a Senate-drafted NDA that volunteers can't take any info.
Coury: is there a code of conduct to protect ballots/etc.
Kolodin: yes, complex procedures & cameras.
--PW
Kolodin says there is a Senate-drafted NDA that volunteers can't take any info.
Coury: is there a code of conduct to protect ballots/etc.
Kolodin: yes, complex procedures & cameras.
--PW
Sounds like Kolodin has been an important legal counsel to the Cyber Ninjas in figuring out how to run this audit. (Fmr Secy/State @BennettArizona, too.)
--PW
--PW
Tom Liddy for the County now says that the blue pens are the "surest way to irreparable harm". Because the optical scanners would pick up those intentional or unintentional marks.
--PW
--PW
Kolodin went into a rant about the AZ Democratic Party, that they were unsuccessful in the state legislative races and are now trying to work around that. --PW
Desai is now pointing out that Kolodin says last night's press conference explained the procedures, and that that is why the laches argument "is not serious". "They're making it up as they go along."
--PW
--PW
Desai: "What we've heard today solidifies our concerns."
--PW
--PW
Liddy notes that it was @JenAFifield who first brought the blue pen issue to everyone's attention. PW
Judge Coury: "This is a unique situation where there may be a const right to a secret ballot and must be protected."
"Once the bell is rung you can't get that information back."
It is the Court's area to make sure voters' rights are protected.
"Once the bell is rung you can't get that information back."
It is the Court's area to make sure voters' rights are protected.
RESTRAINING ORDERS that the audit will proceed. TEMPORARY PAUSE until Monday hearing.
Defendants must post $1M bond.
Hearing on Monday at 11am.
Defendants must post $1M bond.
Hearing on Monday at 11am.
Principles: Audit shall comply with all aspects of state law.
Const right to a secret ballot shall be protected at all times.
Confidentiality.
Hearing on Monday at 11am.
Asks for brieing on standing, legislative immunity and separation of powers.
Const right to a secret ballot shall be protected at all times.
Confidentiality.
Hearing on Monday at 11am.
Asks for brieing on standing, legislative immunity and separation of powers.
The audit will stop at 5pm today, until after Monday's hearing.
Desai asks if court is asking for defendants to clarify hiring and training of people helping in audit.
Coury wants to review procedures relevant to the concerns raised in the Complaint.
Coury wants to review procedures relevant to the concerns raised in the Complaint.
