The Trump campaign filed a lawsuit Saturday alleging that some voters were confused on election day and feared their ballots would not be counted if ballot machines classified their ballots as over-votes. Alleging that President Donald Trump would get thousands of votes, they asked him to review any ballots that the machine has flagged.
A state judge in Maricopa County, a Phoenix residence, held a six-hour clear hearing Thursday.
“Since the trial ended yesterday, the statewide vote table has unnecessarily given a legal verdict on the presidential election,” wrote Cory Longhofer, a Trump campaign lawyer. He said the judge should rule on their requests to review the votes for the two down-ballot races.
Pro-Marikopa County attorneys and the foreign secretary filed the documents Friday, saying the difference in votes between Biden and Trump was 11,414, with 10,315 ballots remaining to be counted. The county said 191 votes in the presidential race were classified as over votes, which they said was “consistent” with previous contests.
The latest ballot counts the Trump campaign’s argument as “moots”, they wrote.
The Trump campaign initially called for a review of all over votes, but on Thursday, Longhofer modified his request, telling the judge to review the vote counts only if the so-called over votes exceeded the victory margin.
After Longoffer admitted that some forms were “spam” and not legal voters, the judge threw out Trump campaign paper and electronic affidavits collected from voters.
“Let me be clear,” Judge Daniel Kyle told Trump’s lawyer. “Your witness plea gave some affidavits, you clearly determined lie and spam, did you vocabulary it?”
“Have you not proved that what you have submitted to the court is wrong?” The judge said before granting the county’s request that the evidence be excluded.
This story has been updated with additional details.