America First Legal, a law firm closely associated with the first Trump Administration, is suing Maricopa County for election malfeasance.

American First is headed by Stephen Miller, former Senior Advisor to President Trump.  Also serving on the board is Gene Hamilton, former Counselor General in the Department of Justice, Reed D. Rubinstein a former Deputy Associate Attorney General, and Daniel Epstein, Senior Associate Counsel to the President, and counsel for the House of Representatives Committee on Oversight and Government Reform.

In the suit filed in Yavapai County, America First Legal asserts:

“The Maricopa Defendants’ administration of elections in Maricopa County has been sloppy, shoddy, and rife with mistakes. Their mismanagement has made Maricopa County—and the entire State of Arizona—the laughingstock of the nation. The Defendants’ mistakes and unlawful conduct are so numerous that it is beyond the scope of one single lawsuit to correct. This complaint merely identifies the most egregious of the legions of errors and illegalities and seeks judicial remedy to correct them.”

They further suggest that over 55% of voters polled believe that the recent elections were tainted and that public confidence in elections has been adversely affected by the behavior of Maricopa County both in conducting the election and in responding to complaints from voters.

In a press release dated February 26, 2024, America First Legal announced:

“On Friday, America First Legal (AFL) re-filed a landmark Arizona election integrity case on behalf of its clients in Yavapai County Superior Court. It replaces the initial case, which had been filed in Maricopa County and was voluntarily dismissed in response to Maricopa County’s schemes to sabotage the case. Additionally, it adds Yavapai County as a defendant.

On February 6, 2024, AFL filed a landmark election integrity case against Maricopa County, the members of the county Board of Supervisors, and County Recorder Stephen Richer on behalf of the Strong Communities Foundation of Arizona, a local grassroots organization, and Eric Lovelis, a registered voter in the county. On February 16, AFL amended the complaint to add a Coconino County registered voter as a plaintiff and to add Coconino County and its Board of Supervisors and Recorder as defendants.

On February 8, 2024—just two days after filing the case—AFL filed a routine motion for a change of venue, asking for the case to be transferred to Yavapai County. Arizona law says that parties in a lawsuit against a county have the absolute right to have the case moved away from that county. The Arizona legislature created this right because it recognized the inherent power imbalance when a party is forced to litigate against a county on that county’s home turf.

However, notwithstanding the clear requirements of Arizona law, Maricopa County has been fighting tooth and nail to force this case to stay in Maricopa County. For example, the Maricopa County Defendants filed a motion to dismiss Maricopa County from the case so that the law allowing a change of venue wouldn’t apply. But, of course, Maricopa County is an essential and necessary defendant in a case that challenges election procedures in the County. Counties play a key role in administering elections, and election lawsuits regularly include counties as defendants. “

In addition, the new case also asserts claims against Yavapai County, alleging that some of the county’s signature verification and curing procedures are unlawful, that it has been unlawfully canceling voter registration without their knowledge or consent, and that it maintains unstaffed drop boxes. Additionally, the new complaint alleges that during the 2022 elections, at least one voting center in Yavapai County had printer malfunctions that caused long lines. 

According to James Rogers, America First Legal Senior Counsel:

“A majority of Arizonans believe that problems with how Maricopa County conducted the 2022 election affected the outcome. Public trust in our institutions is faltering. This lawsuit is about restoring integrity to our election process. And what is Maricopa County’s response to the legitimate concerns of its citizens? Frivolous procedural motions trying to delay the case and ensure it is not heard on its merits. This voluntary dismissal is not the end of this case, but just the beginning. With this case newly refiled in Yavapai County, we will continue to zealously prosecute this case on behalf of our clients. It’s time to restore public confidence in Arizona’s elections. “

The entire complaint can be accessed at the following link: https://media.aflegal.org/wp-content/uploads/2024/02/26203840/Strong-Communities-v.-Yavapai-Maricopa-and-Coconino-Counties-Complaint.pdf