The Arizona Supreme Court reversed a lower court’s ruling Thursday that had sanctioned the Arizona Republican Party for a lawsuit it brought following the 2020 general election.
The party had challenged the procedures followed by Maricopa County (which includes the Phoenix metro area) in conducting the mandatory hand count required by law of roughly two percent of the precinct ballots, the justices explained in their unanimous, 7-0 decision.
The hand count audit is meant to ensure the accuracy of the vote-counting machines.
The county conducted the sample hand count at designated vote centers, instead of precincts.
The Republican Party sued Maricopa County election officials, arguing the hand count sample must be pulled by precinct, according to Arizona law.
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The trial court dismissed the case, saying it was groundless and made in “bad faith.”
The Supreme Court noted that the trial judge had not looked into the Republican Party’s substantive claim regarding whether the law was properly followed, concluding, “the plaintiff did not make the showing necessary to justify that inquiry.”
Then-Secretary of State Katie Hobbs, a Democrat, moved to sanction the Arizona GOP, requiring it to pay attorneys fees. The court agreed awarding approximately $18,300 in fees.
Did the Arizona Supreme Court get it right?
The Arizona Court of Appeals upheld the ruling in April 2023.
The state Supreme Court, in an opinion written by Justice John Lopez, reversed the lower courts’ decisions, finding the GOP’s “claim was not groundless and arguably was made in good faith.”
Breaking: The Arizona Supreme Court reverses sanctions against the Arizona Republican Party for a 2020 election challenge.
The court opines that issuing inappropriate sanctions presents “a real and present danger to the rule of law.”
Full opinion: https://t.co/exVnfpbpWe pic.twitter.com/y7HiAGZUdO
— Jen Fifield (@JenAFifield) May 2, 2024
Lopez rejected the trial court’s conclusion that the Arizona GOP’s lawsuit undercut “the election’s legitimacy by raising ‘questions,’” which the trial judge had characterized as “a threat to the rule of law posing as an expression of concern.”
The justice wrote in response, “But ‘raising questions’ by petitioning our courts to clarify the meaning and application of our laws and noting the potential consequences of the failure to do so—particularly in the context of our elections—is never a threat to the rule of law, even if the claims are charitably characterized as ‘long shots.’”
BREAKING: The Arizona Supreme Court just issued a major defeat to lower court judges that threatened the state Republican Party with sanctions for bringing election challenges against Maricopa County
“But ‘raising questions’ by petitioning our courts to clarify the meaning and… pic.twitter.com/wpnQm4FapC
— George (@BehizyTweets) May 2, 2024
“Even if done inadvertently and with the best of intentions, such sanctions present a real and present danger to the rule of law,” he added.
Lopez further noted that the courthouse is the exact venue where the issues should be resolved.
“Our courts should be cautious that, in their zeal to ensure that election challenges are properly grounded in fact and law under the guise of defending an ‘election’s legitimacy,’ they do not inadvertently inflict real damage to our republic by slamming the courthouse door on citizens and their counsel legitimately seeking to vindicate rights, which is also important to maintaining public confidence in elections,” the Supreme Court concluded.
Democrat Joe Biden carried Arizona by just 10,457 votes, his narrowest win in the nation in 2020. Republican Donald Trump had won the Grand Canyon State in 2016 over Democratic nominee Hillary Clinton by approximately 91,200 votes.
Maricopa County Recorder Stephen Richer emphasized to The Arizona Republic that the Supreme Court’s ruling only had to do with attorneys fees.
“The county won that case; the hand count audit done by the political parties after the 2020 election was lawful and appropriate and validated the tabulated results,” he said through a spokesperson. “That has not changed.”
The Arizona Republican Party responded to the Supreme Court decision in a statement writing, “This ruling reaffirms the fundamental legal principle that raising questions about the interpretation and application of election laws is a legitimate use of the judicial system, not a groundless, bad faith action.”
🚨 VICTORY IN COURT! 🚨
The Arizona Supreme Court defends our right to question and ensure the integrity of election laws. 🇺🇸 🏛️ pic.twitter.com/5aRSMFcKXj
— Republican Party of Arizona (@AZGOP) May 2, 2024
“We remain committed to ensuring election laws are followed precisely, upholding the integrity of our electoral process.”
