Lawsuit filed by the Public Interest Legal Foundation (PILF) — a conservative legal organization — on behalf of two Arizona voters against the Maricopa County recorder challenging Arizona’s use of electronic voting systems and the Arizona Elections Procedure Manual. The plaintiffs argue that the use of “devices for marking their ballots [which] blead through the ballot paper” (i.e. a wide tipped pen such as a Sharpie) resulted in the electronic voting machines rejecting one of the plaintiffs’ ballots. The complaint alleges the plaintiffs’ right to vote was denied in violation of the Arizona Constitution and Arizona law. The trial court dismissed this challenge, noting that “the law cannot provide, nor does it guarantee, perfection.” The case was then appealed and subsequently dismissed for lack of jurisdiction. This lawsuit was filed by the same plaintiffs in Aguilera v. Fontes, a similar lawsuit regarding the use of Sharpies in Maricopa County.
This case was one of the lawsuits former President Donald Trump and his allies brought in an effort to overturn the results of the 2020 election.
Case Documents (Arizona Court of Appeals)