LAKE v. FONTES

No. 22-16413.

83 F.4th 1199 (2023)

Kari LAKE; Mark Finchem, Plaintiffs-Appellants, v. Adrian FONTES, Arizona Secretary of State; Bill Gates, as a member of the Maricopa County Board of Supervisors; Clint Hickman, as a member of the Maricopa County Board of Supervisors; Jack Sellers, as a member of the Maricopa County Board of Supervisors; Thomas Galvin, as a member of the Maricopa County Board of Supervisors; Steve Gallardo, as a member of the Maricopa County Board of Supervisors; Maricopa County Board of Supervisors; Rex Scott, as a member of the Pima County Board of Supervisors; Matt Heinz, as a member of the Pima County Board of Supervisors; Sharon Bronson, as a member of the Pima County Board of Supervisors; Steve Christy, as a member of the Pima County Board of Supervisors; Adelita Grijalva, as a member of the Pima County Board of Supervisors, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2023.


Attorney(s) appearing for the Case

Andrew D. Parker (argued), Parker Daniels Kibort LLC, Minneapolis, Minnesota; Kurt Olsen , Olsen Law PC, Washington, D.C.; for Plaintiffs-Appellants.

Kara M. Karlson (argued), Deputy Attorney General, Arizona Attorney General's Office, Phoenix, Arizona; Craig A. Morgan , Shayna G. Stuart , and Jake T. Rapp , Sherman & Howard LLC, Phoenix, Arizona; for Defendant/Appellee Arizona Secretary of State Adrian Fontes.

Emily M. Craiger (argued), Burgess Law LLC, Phoenix, Arizona; Rachel H. Mitchell , Maricopa County Attorney; Thomas P. Liddy , Joseph J. Branco , Joseph E. La Rue , and Karen J. Hartman-Tellez , Deputy County Attorneys; Maricopa County Attorney's Office, Civil Services Division, Phoenix, Arizona; for Maricopa County Defendants-Appellees Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, and Steve Gallardo.

Laura Conover , Pima County Attorney; Daniel Jurkowitz , Deputy County Attorney; Pima County Attorney's Office, Civil Division, Tucson, Arizona; for Pima County Defendants-Appellees Rex Scott, Matt Heinz, Sharon Bronson, Steve Christy, and Adelita Grijalva.

Before: Ronald M. Gould, Andrew D. Hurwitz, and Patrick J. Bumatay, Circuit Judges.


OPINION

Kari Lake and Mark Finchem ("Plaintiffs"), the Republican nominees for Governor and Secretary of State of Arizona, filed this action before the 2022 general election, contending that Arizona's use of electronic tabulation systems violated the federal Constitution.1 The district court dismissed...

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