Arizona judge scraps election fraud lawsuit in which plaintiff was not a registered voter
PHOENIX — A Pinal County Superior Court judge on Tuesday jettisoned a lawsuit claiming widespread election fraud in Arizona, saying the plaintiff had no standing to challenge the state's election results because she was not registered to vote.
Judge Kevin White also said former Gilbert Public Schools Board President Staci Burk had waited too long to file her complaint, and allowing it to proceed would "circumvent the strong public policy supporting prompt resolution of election cases."
Burk filed the case Dec. 7, seven days after state officials certified Arizona's Nov. 3 results. Voters have a five-day window to bring election contests.
Her claims closely mirrored those in another suit that was making its way through federal court at the time: Both alleged "massive election fraud" in Arizona involving Dominion voting machines, foreign interference and illegal votes, and both named Secretary of State Katie Hobbs and Gov. Doug Ducey as defendants.
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U.S. District Court Judge Diane Humetewa tossed the federal lawsuit on Dec. 8, after finding it “sorely wanting of relevant or reliable evidence." Burk was given an opportunity on Monday to argue why her case shouldn't be dismissed as well.
Ahead of the hearing, an attorney for Hobbs submitted a signed declaration from the state's elections director stating Burk was not a registered voter for at least 10 years, indicating she did not have the legal authority to contest a state election. Burk countered with a claim that state law requires those contesting elections only be eligible to register to vote.
The judge disagreed with Burk's assessment, noting in his ruling that "plaintiff by her own admission was not registered to vote for the 2020 general election."
"She therefore does not qualify to contest the election under (state law) because she was not an 'elector’ of the state and county in which she resides," White wrote. "She lacks standing to challenge an election in which she did not vote and could not vote."
He went on to say Burk had "waited until 35 days after the election and seven days after certification of the election to file her first Complaint."
"Plaintiff's delay was unreasonable," he concluded.
Burk's case is the eighth election-related lawsuit to fail in Arizona courts. Arizona Republican Party Chair Kelli Ward is pursuing appeals for the two cases in which she was a plaintiff.
Reach the reporter at maria.polletta@arizonarepublic.com or 602-653-6807. Follow her on Twitter @mpolletta.
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This article originally appeared on Arizona Republic: AZ election fraud suit in which plaintiff not registered voter tossed
