Statement (pro se): Why I sued a Judge in the Arizona Supreme Court.
The last few months have been the most hectic of my life.
I opened my own private practice, Heath Law, PLLC, around the start of November; I did so to support my family. Around that time, another well-respected Attorney (who I consider a Mentor) told me that I should consider election work. I’d never considered this before. After considerable prayer, I accepted an opportunity to file suit in Mohave County on behalf of an Arizona voter, State Senator Joseph “Sonny” Borelli (another man that I deeply respect).
Long story short (for those interested in more details, please see my Twitter feed starting in November), this resulted in my filing a Writ of Mandate (suit asking the Court to issue an order directing a government official to follow the law) as a pro se litigant in the Arizona Supreme Court. The lawsuit names the Honorable Peter A. Thompson (the Judge in Maricopa Superior Court that oversaw the trial in Lake v. Hobbs) and asks the Supreme Court to Order Judge Thompson to reverse his December 24 Order Declaring Katie Hobbs Governor because he (and, apparently, each Attorney involved in that case) overlooked binding precedent requiring—as a matter of law—that the Maricopa County election be set aside based solely upon the facts admitted by Maricopa County officials during the trial.
Because Maricopa County Officials admitted to willfully ignoring the “very important” and “non-technical” requirements established by A.R.S. § 16-550(A)—a clear procedure concerning signature verification for mail-in ballots that is imperative to “secure the purity of elections and guard against abuses of elective franchise[,]” by “setting forth procedural safeguards to prevent undue influence, fraud, ballot tampering, and voter intimidation”—they irreparably tainted the result of their election with the illegal stain of “uncertainty” and, thus, the gubernatorial election results from Maricopa County must be set aside “as a matter of law.” Reyes v. Cuming, 952 P.2d 329 (Ariz. Ct. App. 1997) (Ariz. Const. Art. VII §§ 1 & 12). Ultimately, because Maricopa County Officials chose to ignore the rights of all Arizonans by tabulating well-over 100,000 mail-in ballots using illegal criteria, the legally elected Governor of Arizona is Kari Lake.
What is most significant to keep in mind with respect to my actions is this: I sued a sitting Judge, and I wasn’t reprimanded. This type of action is easily sanctionable if a Petitioner’s claim isn’t meritorious—but that’s not the case here.
As I explained in the lawsuit, I’m apparently the only Lawyer to challenge the 2022 Arizona gubernatorial election to uncover Reyes in my research. Reyes is a unanimous decision from the Arizona Court of Appeals Division One from 1997. Importantly, this is the same Court where Kari Lake’s lawsuit is now (hence the binding nature of the precedent). In Reyes, over a year after an election for a seat on the Yuma County Board of Supervisors, the Court of Appeals reversed a lower court’s decision and ordered that the results of this election be set aside because Yuma County also violated the “very important” and “non-technical” requirements of A.R.S. § 16-550(A).
Based on the confidence of my argument (which I have yet to see a compelling substantive critique for) and with the blessing of my AMAZING WIFE, I risked my license and exposed my family to personal liability to prove a point, which I’ve done. That is, we must respect the rule of law because—society can only function if there are objective standards of justice recognized by our Courts—invokable principles upholding our rights that must remain inviolate.
So, Governor Lake, with respect to your inquiry about why I’m doing this, here’s the full statement that I gave to Newsweek (beyond what they published):
I’m doing this (in my personal capacity, as a Civil Rights Activist in association with The Gavel Project) for philanthropic efficiency. If I fail to fight now, The Gavel Project will have to spend significant resources fighting woke BS here in AZ—limiting our capacity to help people elsewhere.
I’m also doing this for the same reason that I risked everything to lead COVID mask protests in schools across California at the start of last year, and for the same reason that I’ve worked pro bono for more than a year—raising money to help victims sue the abusive, woke ideologues ruining our society: because it’s the right thing to do. Katie Hobbs didn’t win, at least not by the mechanisms prescribed by Arizona law.
It is indisputable that Maricopa County utilized Early Voting Ballot Transfer Receipts for mail-in ballot packets on Election Day—as they had every day prior (during the early voting period). Nevertheless, Maricopa County has yet to produce those documents, which would provide a valid chain of custody for the near 300K mail-in ballot packets allegedly submitted in Maricopa County on Election Day.
If, as Mr. Richer claimed on the morning of November 9, workers at MCTEC counted approximately 275K mail-in ballot packets—a number that he admittedly based upon the EVBTRs that Maricopa County is still withholding, then how is it that Runbeck’s automated count showed 298K mail-in ballot packets just a few hours later?
After door 3 ballots are sorted, MCTEC workers provide approximate counts of mail-in ballot packets by weight (just like the post office, which is generally an accurate measurement for counting paper). Assuming the scales at MCTEC are accurate, and that Mr. Richer isn’t an idiot (I won’t assume this because he’s also an attorney), then approximately 28K mail-in ballot packets were injected into Maricopa County’s chain of custody somewhere between when they left MCTEC on November 9 and when they were counted at Runbeck.
28K isn’t a rounding error. The number may, however, serve as a comfortable cushion in a close election.
Laws exist for a reason, Maricopa County’s failure to abide by them created impermissible uncertainty in the outcome of the Arizona election.
For all those wondering about the status of my lawsuit, again please refer to my Twitter.
Thanks to God for my ADHD brain and obsessive personality—which is great for legal research.
As for what comes next, I’ve been working all weekend (like most weekends) on a lawsuit to hold these monsters accountable (link to the Federalist discussing our work).
Also, thanks to Luke Rosiak of the Daily Wire for covering Sage’s case, repeatedly. I’m a huge fan of you and most of the folks over at the DW. With this lawsuit, The Gavel Project aims to establish a constitutional precedent barring gender ideology from being taught in schools across this Nation.
Thank you to all that give to support The Gavel Project (including those that subscribe to this publication)—none of this would be possible without your help.