Key Points:
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Attorneys for two candidates who lost statewide races in 2022 must pay $122,200 in penalties
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Courts have ruled that lawsuits challenging the results of those races were “frivolous” and lacking facts
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The lawsuits came in the aftermath of the Cyber Ninja audit of Arizona’s 2020 election results
PHOENIX — The U.S. Supreme Court won’t overturn $122,200 in penalties against attorneys for Kari Lake and Mark Finchem for filing what lower court judges called a “frivolous” challenge to the use of voting machines in Arizona.
Without comment, the justices rejected Andrew Parker’s appeal of U.S. District Court Judge John Tuchi’s decision to require Parker and co-counsel Kurt Olson to pay Maricopa County’s legal fees and costs. Tuchi concluded that their lawsuit relied on speculation and unsupported allegations that electronic voting machines could produce inaccurate results.
The decision leaves intact a ruling that the lawsuit was not only legally baseless but also politically motivated and potentially damaging to public confidence in elections. The case stemmed from a challenge that Lake, the Republican nominee for governor, and Finchem, the GOP nominee for secretary of state, filed months before the 2022 election.
Tuchi said the claims about the machines were little more than speculation, supported by “vague” allegations about electronic voting systems generally. He added that the lawsuit’s timing and purpose warranted sanctions.
“It is to make clear that the court will not condone litigants … furthering false narratives that baselessly undermine public trust at a time of increasing disinformation about, and distrust in, the democratic process,” the judge wrote. He said the sanctions “send a message to those who might file similarly baseless suits in the future.”
Parker and Olson also lost their appeal to the 9th Circuit Court of Appeals. A majority of the panel upheld the sanctions, concluding that the lawsuit lacked merit, misled the public and caused “baseless concern about a topic of national importance.”
Parker did not immediately respond to an interview request. Olsen, reportedly working on election matters for the U.S. Department of Justice, could not be reached for comment.
A request for paper ballots and hand counts
The attorneys argued that the machines used to tabulate paper ballots “cannot be deemed reliably secure and do not meet the constitutional and statutory mandates to guarantee a free and fair election.” They also contended that components manufactured abroad made the systems vulnerable to hacking.
They also asked Tuchi to require that the 2022 election be conducted with hand-counted paper ballots, calling it “the most effective and presently only secure election method.”
Lake ultimately lost her race to Democrat Katie Hobbs, and Finchem lost his to Democrat Adrian Fontes. Both also failed in the state appeals court to overturn the election results. The Supreme Court rejected their separate bid two years ago to overturn Tuchi’s dismissal of their request to have ballots counted by hand.
After losing the 2022 gubernatorial election, Lake ran for the U.S. Senate in 2024 and lost to Democrat Ruben Gallego. President Donald Trump has since tapped her as ambassador to Jamaica, but the full Senate has yet to act on the nomination.
After losing the 2022 race for secretary of state, Finchem, who had been representing the Oro Valley area in the state House, moved to Prescott, where he was elected to the state Senate.
A ‘creative, aggressive and novel claim’
In asking justices to review the penalties against the lawyers, Parker’s attorney, Nathan Lewin, emphasized that the 9th Circuit ruling was not unanimous. Appellate Judge Patrick Bumatay dissented, warning that upholding the sanctions could discourage legitimate legal challenges to election procedures and undermine public confidence in the courts.
“By sanctioning parties and their lawyers for bringing debatable, long-shot complaints, courts risk chilling legal advocacy and citizens raising ‘questions’ under the guise of defending the rule of law,” he wrote. “Even if done inadvertently and with the best of intentions, such sanctions present a real and present danger to the rule of law.”
Lewin made a similar argument to the Supreme Court.
“Creative, aggressive, and novel claims and arguments are necessary for a system of justice to adapt to novel issues and circumstances — all the more so in a world of increasingly rapid change,” he told the justices.
‘Simply false’ allegations
But Tuchi said this was not about punishing lawyers for being creative. He said the lawsuit raised a series of factual and legal problems, starting with the claim that Arizonans no longer vote by hand on paper ballots.
In fact, the judge noted, the system requires that virtually every vote — with some exceptions for those with disabilities — be cast on paper. Tuchi said that creates a verifiable paper trail and lets voters review it to see whether tabulation machines recorded their choices correctly.
“Allegations to the contrary are simply false,” the judge wrote.
Tuchi also disputed claims that a Senate “audit” in Maricopa County after the 2020 election proves hand counting is “superior” and that machines aren’t necessary.
He said about 2,000 people spent more than two and a half months hand-counting the presidential and Senate races in that one county.
More problematic, the judge said, is that Lake and Finchem, and their attorneys, “cherry-picked” the finding of that audit ordered by the Senate and conducted by the Cyber Ninjas firm.
“They conspicuously failed to mention that the Cyber Ninjas report states that ‘there were no substantial differences between the hand count of the ballots provided and the official election canvass results,’” the judge said.
