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COMPLAINT IN
SPECIAL ACTION AND
VERIFIED STATEMENT OF ELECTION
CONTEXT PURSUANT TO
A.R.S. § 16-672
IN THE SUPERIOR
COURT FOR THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MOHAVE
Joseph “Sonny”
Borrelli
and Jane and John Doe, et al.,
Plaintiffs
v.
Katie
Hobbs, in her capacity as Secretary of State
and in her personal capacity; Stephen Richer,
in his official capacity as Maricopa County
Recorder and in his personal capacity; Bill
Gates, Clint Hickman, Jack Sellers, Thomas
Galvin, and Steve Gallardo, in their official
capacities as members of the Maricopa County Board of Supervisors
and in their personal capacities; and
Scott Jarrett, in his official capacity
as Maricopa Director of Elections and
in his personal capacity,
Defendants.
COUNT 1:
Fourteenth Amendment to the U.S. Constitution and 42 U.S.C. § 1983
EQUAL PROTECTION VIOLATION
COUNT 2:
Fourteenth Amendment to the U.S. Constitution and 42 U.S.C. § 1983
PROCEDURAL DUE PROCESS VIOLATION
COUNT 3:
Fourteenth Amendment to the U.S. Constitution and 42 U.S.C. § 1983 –
FUNDAMENTAL RIGHT TO VOTE
COUNT 4:
Breach of A.R.S. §§ 16-550(A), 16-672(A)(4)
PRAYER AND
REQUESTED RELIEF
89. Plaintiffs respectfully request the following relief:
a. Declare impermissible and unlawful the use of unproven and opaque third-party computer software that delegates the function of determining, initially or otherwise, the validity or invalidity or likely validity or invalidity of a ballot affidavit signature, under A.R.S. Section 16-672, et seq and unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and find and conclude that in doing so or allowing it to be done during or in connection with the 2022 general election for governor, Defendants violated those provisions.
b. Declare impermissible and unlawful the use of unproven and opaque third-party computer software to delegate to artificial intelligence the function of determining, initially or otherwise, the validity or invalidity or likely validity or invalidity of a ballot affidavit signature and unveiling that determination to the human assigned the task of ballot signature verification before he or she does his or her job, under A.R.S. Section 16-672, et seq. and unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and to find and conclude that in doing so or allowing it to be done during or in connection with the 2022 general election for governor, Defendants violated those provisions.
c. Temporarily, preliminarily, and permanently restrain and enjoin the state of Arizona and Maricopa County from using unproven and opaque nongovernmental, third-party software vendors and artificial intelligence to perform the function of determining, initially or otherwise, the validity or invalidity or likely validity or invalidity of a ballot affidavit signature.
d. Enjoin the use of signature verification software for which software code, AI training methods and data, manual curve-fitting practices, error rates including false negatives (or rejects) and false positives (or “accepts”), and similar data have not been made reasonably available for public notice and comment.
e. Mandate that elections officials in Arizona seek to extend the time and resources available for signature verification to ensure such verification is constitutionally adequate to the task of verifying millions of signatures.
f. Affirm that Mohave County voters’ early voting ballots meeting the statutory requirements and verified by trained human beings are counted in the 2022 general election for governor.
g. Invalidate and set aside the 2022 Maricopa County general election results for the race for governor, and/or and invalidate and set aside all Maricopa County mail-in ballots in the 2022 general election for governor.
h. Award Plaintiffs attorney fees in this action pursuant to 42 U.S.C. § 1988(b).
i. Award Plaintiffs their costs of suit.
j. Grant and impose any other remedy and grant and impose such other and further relief, at law or equity, that this Court deems just and proper in the circumstances.
Dated: December 12, 2022
