The U.S. Supreme Court on Monday dismissed a challenge filed by an Arizona resident who had sought to prove claims of election fraud during the Nov. 3 election in her state.
Earlier this year, the Arizona Supreme Court issued a ruling that agreed with a trial court judge in Pinal County that Burk lacked the right to contest the election. The reason given was that she wasn’t a registered voter at the time she filed her lawsuit, as required in state election contests. Both courts also agreed that she made her legal challenge too late, after the five-day period for filing such an action had passed.
“There is nothing before the Court to indicate that Appellant timely contacted the appropriate authorities to correct any problems with her voter registration,” Arizona Supreme Court Chief Justice Robert Brutinel had written. “An election challenge ... is not the proper vehicle to reinstate voter registration.”
Burk, in an emailed comment, wrote: “It’s very disappointing that the Supreme Court refused to review my Fourteenth Amendment Equal Protection case. I alleged my right to equal protection was denied when my registration was illegally cancelled while nonexistent votes were counted.”
Burk added that the “lower Court did not hear the case on merit and dismissed it on technicalities which the lower Court admitted was due to their own Clerks mistake.”
She added: “I clearly had standing under Spokeo as I had direct and actual harm by being denied the right to vote. I found out just before the election that my registration was illegally cancelled, and was unable to re-register due to being hospitalized for several weeks with pneumonia. I could not register online because I am a ‘protected address’ voter, thus requiring several weeks processing time and a hard copy voter form. The Court dismissed the case without any type of evidentiary hearing to present those facts.”
Burk said that when lawyers argued that the Arizona Supreme Court should dismiss her case, she noted that the court noted that her case wasn’t “dismissed on merit” and alleged there was evidence of fraud that would be admissible in the court.
Meanwhile, an audit ordered by the Arizona state Senate of nearly 2.1 million Maricopa County, Arizona, ballots could last for weeks, according to former Arizona Secretary of State Ken Bennett, the Senate audit liaison.