District Court, D. Arizona
Assigned To:
Date Filed: Dec. 2, 2020
Bowyer v. Ducey
Complaint — Document #1
District Court, D. Arizona
Docket Number: 2:20-cv-02321
Date Filed: December 2nd, 2020
COMPLAINT FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF
(Election Matter)
(TRO Requested)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
TYLER BOWYER, MICHAEL JOHN BURKE, NANCY COTTLE, JAKE HOFFMAN, ANTHONY KERN, CHRISTOPHER M. KING, JAMES R. LAMON, SAM MOORHEAD, ROBERT MONTGOMERY, LORAINE PELLEGRINO, GREG SAFSTEN, SALVATORE LUKE SCARMARDO, KELLI WARD, and MICHAEL WARD
Plaintiffs,
v.
DOUG DUCEY, in his official capacity as Governor of the State of Arizona, and KATIE HOBBS, in her official capacity as the Arizona Secretary of State
Defendants.
No. CV-20-02321-PHX-JAT
December 1, 2020
COUNT I
Defendants Violated the Elections and Electors Clauses and 42 U.S.C. § 1983.
COUNT II
Defendants Violated The Equal Protection Clause of the Fourteenth Amendment U.S. Const. Amend. XIV & 42 U.S.C. § 1983
COUNT III
Fourteenth Amendment, Amend. XIV & 42 U.S.C. § 1983
Denial of Due Process On The Right to Vote
COUNT IV
Wide-Spread Ballot Fraud
PRAYER FOR RELIEF
142. Accordingly, Plaintiffs seek an emergency order instructing Defendants to de-certify the results of the General Election for the Office of President.
143. In the alternative, Plaintiffs seek an emergency order prohibiting Defendants from including in any certified results from the General Election the tabulation of absentee and mailing ballots which do not comply with Arizona law.
144. Further, Plaintiffs ask this Court to order production of all registration data, ballot applications, ballots, envelopes, etc. required to be maintained by law. When we consider the harm of these uncounted votes, and ballots not ordered by the voters themselves, and the potential that many of these unordered ballots may in fact have been improperly voted and also prevented proper voting at the polls, the mail ballot system has clearly failed in the state of Arizona and did so on a large scale and widespread basis. The size of the voting failures, whether accidental or intentional, are multiples larger than the margin in the state. For these reasons, Arizona cannot reasonably rely on the results of the mail vote. Relief sought is the elimination of the mail ballots from counting in the 2020 election. Alternatively, the electors for the State of Arizona should be disqualified from counting toward the 2020 election. Alternatively, the electors of the State of Arizona should be directed to vote for President Donald Trump.
145. For these reasons, Plaintiffs ask this Court to enter a judgment in their favor and provide the following emergency relief:
1. An order directing Governor Ducey and Secretary Hobbs to de-certify the election results;
2. An order enjoining Governor Ducey from transmitting the currently certified election results the Electoral College;
3. An immediate emergency order to seize and impound all servers, software, voting machines, tabulators, printers, portable media, logs, ballot applications, ballot return envelopes, ballot images, paper ballots, and all election materials related to the November 3, 2020 Arizona election for forensic audit and inspection by the Plaintiffs;
4. An order that no votes received or tabulated by machines that were not certified as required by federal and state law be counted;
5. A declaratory judgment declaring that Arizona’s failed system of signature verification violates the Electors and Elections Clause by working a de facto abolition of the signature verification requirement;
6. A declaratory judgment declaring that currently certified election results violate the Due Process Clause, U.S. CONST. Amend. XIV;
7. A declaratory judgment declaring that mail-in and absentee ballot fraud must be remedied with a Full Manual Recount or statistically valid sampling that properly verifies the signatures on absentee ballot envelopes and that invalidates the certified results if the recount or sampling analysis shows a sufficient number of ineligible absentee ballots were counted;
8. A declaratory judgment declaring absentee ballot fraud occurred in violation of Constitutional rights, Election laws and under state law;
9. A permanent injunction prohibiting the Governor and Secretary of State from transmitting the currently certified results to the Electoral College based on the overwhelming evidence of election tampering;
10. Immediate production of 48 hours of security camera recording of all rooms used in Maricopa County for November 3, 2020 and November 4, 2020.
11. Plaintiffs further request the Court grant such other relief as is just and proper, including but not limited to, the costs of this action and their reasonable attorney fees and expenses pursuant to 42 U.S.C. 1988,
Bowyer v. Ducey
Document #1, Attachment #5
EXHIBIT 12
Bowyer v. Ducey
Motion for TRO — Document #2
MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
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