Arizona GOP wins state high court appeal of sanctions for 2020 election challenge

The Arizona Supreme Court has reversed lower court rulings that held the Arizona Republican Party responsible for more than $27,000 in sanctions and attorney fees stemming from a challenge to the results of the 2020 election.

PHOENIX — The Arizona Supreme Court has reversed lower court rulings that held the Arizona Republican Party responsible for more than $27,000 in sanctions and attorneys’ fees spent defending Maricopa County’s election procedures after the 2020 election.

“Even if carried out unintentionally and with the best intentions, such sanctions pose a real and present danger to the rule of law,” Judge John Lopez wrote in the unanimous decision issued Thursday.

The Republican Party of Arizona applauded the ruling, saying in a statement that it “affirms the fundamental legal principle that raising questions about the interpretation and application of election laws is a legitimate use of the legal system, and not an unwarranted action or action taken in malice fidelity.”

The case stemmed from a Republican state lawsuit alleging that Maricopa County improperly conducted a required manual count of ballot accuracy based on samples of votes cast at centers open to all county voters , and not from districts.

The county’s examination of some ballots found that the machines’ counts were 100% accurate, and the results of routine post-election testing also confirmed the counting machines’ accuracy.

A Maricopa County judge dismissed the case in March 2021, declaring the Republican Party’s lawsuit baseless and saying it was filed in bad faith. He awarded more than $18,000 in attorneys’ fees to the Secretary of State’s office.

A state appeals court panel upheld that decision in April 2023 and imposed another $9,000 in sanctions against the GOP.

The Supreme Court did not reverse the dismissal of the case. But it ruled that the lower courts had erred in ruling that the case had no merit.

“The filing of a petition in our courts to clarify the meaning and application of our laws… especially in the context of our elections,” the Supreme Court said, “is never a threat to the rule of law, even if the claims become charitable characterized as ‘long shots.’ ”