Arizona Judge Tosses Election Suit, Saying Plaintiff ‘Lacks Standing’

December 15, 2020 Updated: December 15, 2020

A judge in Arizona tossed an election lawsuit challenging the results of the Nov. 3 election in the state.

Pinal County Superior Court Judge Kevin D. White dismissed a suit filed by former Gilbert Public Schools Board President Staci Burk on Tuesday morning.

“Plaintiff by her own admission was not registered to vote for the 2020 general election. She therefore does not qualify to contest the election,” White wrote in his order. He said that White “is not authorized” to bring this lawsuit. “She lacks standing to challenge an election in which she did not vote and could not vote,” he added.

The decision came one day after Arizona’s 11 Electoral College members cast votes for Democrat Joe Biden and Sen. Kamala Harris. The Arizona GOP said that its own electors cast votes for President Donald Trump and Vice President Mike Pence, saying they did so to keep Trump’s legal challenges open from now until January.

Burk’s legal challenge alleged Arizona’s election systems have severe security flaws, saying that election workers and foreign entities could manipulate the results.

Opposing attorneys told the judge that her lawsuit made unfounded allegations against a voting equipment vendor without proof.

White said Burk waited too long to file the lawsuit, saying that accepting it would “circumvent the strong public policy supporting prompt resolution of election cases.” She had filed the lawsuit against Arizona Gov. Doug Ducey and Secretary of State Katie Hobbs.

Arizona Republican Party Chair Kelli Ward several days ago announced she is pursuing appeals to several cases, including one in the U.S. Supreme Court.

“Our case is going to the Supreme Court of the United States,” Ward told Dec. 11 in a video posted on Twitter. “We are filing, and hopefully, we will be accepted with an expedited [push] behind us.”