2024-09-30 Government Corruption
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Fed Judge Bars Lib AZ SoS Adrian Fontes' Disastrous Election Rules, Compares Them to Nukes
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[REDSTATE] In an awesome win for conservatives and election integrity in November's elections, a federal judge has barred liberal Arizona Democrat Secretary of State Adrian Fontes from putting into practice new rules he inserted into the state's official procedures on the state's canvassing process of election results. And the judge did, indeed, compare it to nukes. More on that in a minute.
Howard Fischer from Capitol Media Services has the scoop on Friday's ruling:
PHOENIX — Calling what Secretary of State Adrian Fontes proposed "utterly without precedent'' and comparing it to a nuclear weapon, a federal judge blocked him from refusing to include a county's vote in the statewide totals if local supervisors fail to certify the election's results.
In the ruling late Friday, U.S. District Court Judge Michael Liburdi acknowledged there was at least one attempt in the past by a board of supervisors to delay certification. That action threatened to hold up the formal canvass of all the votes throughout the state and to change the outcomes of some races.
But Liburdi said the solution Fontes incorporated in Arizona's Elections Procedures Manual — allowing him to skip over uncertified votes simply to finalize the state results — would unfairly and illegally disenfranchise the voters who had cast their ballots.
The report continues:
Consider, Liburdi said, what would happen if supervisors balked in Maricopa County, the state's most populous, where 2.4 million people vote.
Under the rules Fontes, an elected Democrat, enacted in the manual, he would be permitted to certify the state results without including those votes — meaning the results would be determined by votes only from the other 14 counties.
Judge Liburdi wrote:
"If the right to vote is the right of qualified voters within a state to cast their ballots and have them counted, then the canvass provision imposes the most severe burden: state-sanctioned disenfranchisement.
...
"A registered voter in Arizona may perfectly comply with all voting requirements and obligations but nonetheless have her vote excluded based on the mal- or nonfeasance of public officials."
The best part, though, was when Liburdi chastised Fontes for his office's lame excuse for needing the rule; Fontes claimed "the provision was meant largely to spur county supervisors to comply with the law and likely would never be enforced." The judge wasn't having it:
"A nuclear weapon does not become any less dangerous simply because a world leader avows never to unleash it.
...
"The canvass provision imposes a nuclear-level burden on voting rights.
"It is a weapon in the secretary's arsenal that he has discretion to use should the circumstances present themselves — a weapon that does not become any less threatening simply because the secretary is self-professedly 'committed' to not pulling the trigger.''
And while the judge's ruling does not remove the rule from the procedures, it bars him from leaning on it for 2024:
Strictly speaking, Liburdi's order does not void the provision of the manual. That would take a full-blown trial. But it does preclude Fontes from enforcing or relying on that provision this year.
Read related:
NEW: SCOTUS Allows Arizona Law Requiring Proof of Citizenship in Voter Registration to Take Effect
BREAKING: Ninth Circuit Delivers Decision on Citizenship and Voter Registration in Arizona
According to Ballotopedia, Judge Liburdi was appointed by former President Donald Trump
...The man who was so stupid he beat fourteen professional politicians, a former tech CEO, and a brain surgeon for the Republican nomination in 2016, then beat The Smartest Woman in the World in the general election...
in 2019.
There was a second provision that Liburdi blocked, which appears to be a progressive attempt to thwart election observers
The challengers in the lawsuit, two groups with ties to Republican interests, also convinced Liburdi to bar Fontes from enforcing another provision dealing with speech and actions permitted in and around voting locations.
That language would have prohibited "any activity by a person with the intent or effect of threatening, harassing, intimidating, or coercing voters — inside or outside the 75-foot limit at a voting location.''
Liburdi found it was too broad, and likely to burden Arizonans' First Amendment rights, writing in the decision that "there's no problem in general with barring intentional threats, intimidation or coercion," but "[t]he issue, he said, turns on the fact the wording also covers actions that have the effect of doing so, regardless of the intent of the person."
Western Journal reported all sorts of dreadful things about Mr. Fontes, including that he is a Soros protégé and had clients among the Mexican drug cartels back when he was a defense lawyer, which are sad things to read about a man who for a few years was a Marine marksmanship instructor. |
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Posted by Fred 2024-09-30 00:00||
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Posted by Super Hose 2024-09-30 12:27||
2024-09-30 12:27||
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