Anonymous ID: 684b33 March 22, 2023, 8:18 p.m. No.18563839   🗄️.is 🔗kun

>>18563777

>https://www.documentcloud.org/documents/23720623-orderrepetitionforreview-4731530-0?responsive=1&title=1

 

IT IS FURTHER ORDERED remanding to the trial court to determine whether the claim that Maricopa County failed to comply with A.R.S. § 16-550(A) fails to state a claim pursuant to Ariz. R. Civ. P. 12(b)(6) for reasons other than laches, or, whether Petitioner can prove her claim as alleged pursuant to A.R.S. § 16-672 and establish that “votes [were] affected ‘in sufficient numbers to alter the outcome of the election’” based on a “competent mathematical basis toconclude that the outcome would plausibly have been different, not simply an untethered assertion of uncertainty.” (Opinion ¶ 11.) IT IS FURTHER ORDERED Petitioner may file a response and Respondents may file a reply to Respondents’ Motions for Sanctions in accordance with ARCAP Rule 6(a)(2). The parties shall address as a basis for sanctions only Petitioner’s factual claims in her Petition for Review (i.e., that the Court of Appeals should have considered “the undisputed fact that 35,563 unaccounted for ballots were added to the total of ballots at a third party processing facility”), and not legal arguments (i.e., pertaining to the burden of proof or purported conflict in the lower courts). The record does not reflect that 35,563 unaccounted ballots were added to the total count. The motions for sanctions will be considered in due course. DATED this __22nd day of March, 2023. _/s/____ ROBERT BRUTINEL Chief Justice