An Arizona judge threw out a legal challenge from two voters who alleged election officials failed to properly follow correct procedures during the 2020 general election.
Following a trial on Nov. 20, Judge Margaret Mahoney from the Superior Court of the State of Arizona dismissed the complaint filed by two Arizona residents.
Laurie Aguilera had claimed she was denied the right to vote because she wasn't given a new ballot after her vote was rejected by the tabulation machine. Meanwhile, Dovocan Drobina asserted that his vote wasn't properly counted by the machines.
Aguilera believes her ballot was rejected because she had used a Sharpie marker to fill it out. Her lawyers had asked the judge for injunctive relief to allow Aguilera to cast a new ballot prior to the state's certification of the election results.
State officials had previously said that Sharpies wouldn't affect the ballots.
This was the second case Aguilera and Drobina filed against state officials. Their first case over the use of Sharpies to mark ballots was voluntarily dismissed.
Mahoney's ruling comes on the same day that Maricopa County, the state's most populous county, announced that its board of supervisors had voted to certify the results of the general election.
The Maricopa County Board of Supervisors—four Republicans and one Democrat—unanimously voted to approve the election results in the state, which shows Democratic candidate Joe Biden ahead by more than 45,000 votes.
As of Nov. 20, Biden was ahead of Trump in Arizona state by more than 10,000 votes. President Donald Trump won the state in 2016 by 3.5 percentage points.
Under the secretary of state's manual, election officials must perform a limited precinct hand count audit after every general election. For the 2020 election, Maricopa County set up “vote centers” across the county rather than assign voters to “polling places” in their precincts, as had been the traditional practice in prior elections. The difference in sampling vote centers compared to precincts is that there are significantly fewer vote centers.
The state's Republicans, hence, are asking for the sampling of precincts rather than vote centers for the hand count audit.