Kari Lake and Mark Finchem, who were 2022 Republican candidates for governor and secretary of state in Arizona, filed a petition with the U.S.
Supreme Court appealing the dismissal of their lawsuit seeking to ban electronic voting machine tabulators in the state.
“Plaintiffs have a constitutional and statutory right to have their ballots, and all ballots cast together with theirs, counted accurately and transparently, so that only legal votes determine the winners of each office contested in the Midterm Election,” the complaint said.
This same scene played out tens of thousands of times all across Maricopa County. How many voters were disenfranchised or simply ran out of time? If the majority of ED voters were Democrats, this would be the number 1 news story in America still today. Total joke pic.twitter.com/noY1RRQv0Q
— Charlie Kirk (@charliekirk11) November 14, 2022
They argue the machines are not secure and resulted in issues during the 2022 midterms.
“Electronic voting machines cannot be deemed reliably secure and do not meet the constitutional and statutory mandates to guarantee a free and fair election,” Lake and Finchem stated.
While lower courts dismissed the case as too speculative, the petition cites new evidence that software used was not properly certified and the errors in Maricopa County on Election Day demonstrate the vulnerability of the system.
“Newly uncovered evidence also shows Arizona’s Maricopa County flagrantly violated state law for electronic voting systems—including using altered software not certified for use in Arizona — and actively misrepresented and concealed those violations,” the court filing read.
“Perhaps worse — although potentially unknown to Maricopa — the Dominion Voting Systems, Inc., systems used in Maricopa and almost thirty states have a built-in security breach enabling malicious actors to take control of elections, likely without detection.”
“Evidence from Maricopa’s tabulator system log files presented to the Arizona Senate Committee on Elections showed that on Election Day, Maricopa’s vote center tabulators rejected over 7,000 ballots every thirty minutes beginning almost immediately after the vote centers opened at 6:00 am and continuing past 8:00 pm — totaling over 217,000 rejected ballot insertions on a day when approximately 248,000 votes were cast,” the filing added.
Specifically, they presented evidence that encryption keys were left openly accessible, violating basic security protocols.
County officials maintain the machines were properly tested and certified.
“We’ve uncovered three pieces of evidence. One, in 2020 and in 2022, they used altered software, and any statement that that software is certified by the [Election Assistance Commission] is false. They falsely stated that to the court. They falsely stated that the Arizona Senate during that audit in 2021, and they falsely state it on their website,” attorney Kurt Olsen said.
“The second thing that was false. They say they performed logic and accuracy testing, and that’s a pre-election test designed to give people confidence that the machines will actually tabulate and read votes as they are,” he added. “They did not perform logic and accuracy tests on any of the vote center tabulators they used in either the 2020 or the 2022 election. They used five spares.”
“Third … our cyber experts and our team has uncovered that the master cryptographic encryption keys that are used to govern and encrypt all election data, the files, the software, had been left open on the database in plain text,” Olsen said.
“This is the most basic security violation that one can have. If you talk to any cyber security professional, to leave the master cryptographic keys in plain text, available to anybody who knows where to look, that is a violation of the most basic security standards,” Olsen said.
“Maricopa County completed the statutorily required Logic & Accuracy (L&A) tests under the observation of political party observers from each party on October 11, 2022. After passing the tests, the equipment and programs were certified for use in the election,” a Maricopa County spokesman said.
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