Bowyer v. Ducey (Certification)

Lawsuit seeking to decertify election results, prevent the governor from transmitting the results to the Electoral College, impound election machinery, and force a manual recount. The court dismissed the case.

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Remark: Out of state attorneys Brandon Johnson and Emily Johnson terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) - Court Docket


"Allegations that find favor in the public sphere of gossip and innuendo cannot be a substitute for earnest pleadings and procedure in federal court. They most certainly cannot be the basis for upending Arizona’s 2020 General Election. The Court is left with no alternative but to dismiss this matter in its entirety." - Judge Diane J. Humetewa


"The allegations they put forth to support their claims of fraud fail in their particularity and plausibility. Plaintiffs append over three hundred pages of attachments, which are only impressive for their volume. The various affidavits and expert reports are largely based on anonymous witnesses, hearsay, and irrelevant analysis of unrelated elections." - Judge Diane J. Humetewa


"When contesting an election, any delay is prejudicial, but waiting until a month after Election Day and two days after certification of the election is inexcusable." - Judge Diane J. Humetewa


"By any measure, the relief Plaintiffs seek is extraordinary. If granted, millions of Arizonans who exercised their individual right to vote in the 2020 General Election would be utterly disenfranchised. Such a request should then be accompanied by clear and conclusive facts . . .. Yet the Complaint’s allegations are sorely wanting of relevant or reliable evidence, and Plaintiffs’ invocation of this Court’s limited jurisdiction is severely strained." - Judge Diane J. Humetewa


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Court Filings

Name Filed On Type Status
Complaint 12/02/20 Complaint Dismissed
Motion for Temporary Restraining Order and Preliminary Injunction 12/02/20 Motion Denied
Motion to File Identifying Information in Affidavits under Seal 12/02/20 Motion Filed
Opposition to Motion to Intervene 12/03/20 Opposition Filed
Order re: Discovery 12/04/20 Order Filed
Opposition to Request for Pre-Hearing Order 12/04/20 Opposition Filed
Order Setting Hearing on Defendants' Motion to Dismiss 12/05/20 Order Filed
Reply to Opposition to Motion for Declaratory, Emergency, and Injunctive Relief 12/05/20 Motion Denied
Motion to Strike Motion to Dismiss and Reply to Motion for TRO 12/05/20 Motion Denied
Motion for Modification of Hearing Schedule 12/05/20 Motion Denied
Order Denying Motion for Modification of Hearing Schedule 12/06/20 Order Filed
Motion for Hearing on Motion for Preliminary Injunction 12/07/20 Motion Denied
Motion in Exclude Defense Experts 12/07/20 Motion Filed
Order Denying Motion for Hearing on Motion for Preliminary Injunction 12/07/20 Order Filed
Order re: Oral Argument Proceedings 12/07/20 Order Filed
Opposition to Motion for Judicial Notice 12/07/20 Opposition Filed
Notice of Supplemental Authority 12/08/20 Notice Filed
Order Dismissing Case 12/09/20 Order Filed
Notice of Appeal to 9th Circuit 12/10/20 Appeal Filed