FINDINGS OF FACT AND CONCLUSIONS OF LAW Considering all evidence presented, the Court finds as follows:
As to Count II – Illegal BOD Printer/Tabulator Configurations:
a. The Court DOES NOT find clear and convincing evidence of misconduct in violation of A.R.S. § 16-672(A)(1).
b. The Court DOES NOT find clear and convincing evidence that such misconduct was committed by “an officer making or participating in a canvass” under A.R.S. § 16- 672(A)(1).
c. The Court DOES NOT find clear and convincing evidence that such misconduct was intended to affect the result of the 2022 General Election.
d. The Court DOES NOT find clear and convincing evidence that such misconduct did in fact affect the result of the 2022 General Election.
As to Count IV – Chain of Custody Violations:
a. The Court DOES NOT find clear and convincing evidence of misconduct in violation of A.R.S. § 16-672(A)(1).
b. The Court DOES NOT find clear and convincing evidence that such misconduct was committed by “an officer making or participating in a canvass”
c. The Court DOES NOT find clear and convincing evidence that such misconduct was intended to affect the result of the 2022 General Election.
d. The Court DOES NOT find clear and convincing evidence that such misconduct did in fact affect the result of the 2022 General Election.
Therefore: IT IS ORDERED: confirming the election of Katie Hobbs as Arizona Governor-Elect pursuant to A.R.S. § 16-676(B).
The Court notes the representations of the County Defendants that a motion for sanctions would be forthcoming and the Court also considers the need of this Court to enter an Order under Rule 54(c), Arizona Rules of Civil Procedure so that an appeal on all issues might be taken in a timely fashion.
Therefore: IT IS FURTHER ORDERED: that a statement of costs including compensation of inspectors under A.R.S. § 16-677(C) must be filed by 8:00 a.m. Monday, December 26, 2022. Failure to do so by the deadline will be deemed a waiver of those costs. IT IS FURTHER ORDERED: any motion for sanctions must be filed by 8:00 a.m. Monday, December 26, 2022, and any response by Plaintiff must be filed by 5:00 p.m. Monday, December 26, 2022. The Court will not consider a reply. After consideration of any sanctions motion, or the failure to file such a motion, and the presentation of costs to be assessed, the Court will enter a signed judgment under Rule 54(c). R ETRIEVE D FR O M D E M O C R A C Y D O C KET.
A Maricopa County judge has ruled against Kari Lake in her election lawsuit, affirming governor-elect Katie Hobbs’ win.
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