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The Trump campaign filed the lawsuit on Saturday, alleging some voters were confused on election day and worried their ballots would not be counted if vote tabulation machines classified their ballots as over-votes. They were looking for a manual review of all ballots flagged by the machine as oversteps alleging it could result in thousands of votes for President Donald Trump.
A state judge in Maricopa County, home of Phoenix, held a six-hour hearing Thursday.
“Since the hearing closed yesterday, the statewide vote compilation has rendered a court ruling on presidential voters unnecessary,” wrote Kory Langhofer, a lawyer for the Trump campaign. He said he wanted the judge to rule on their requests to review the votes for two drop-ball races.
Maricopa County attorneys and the Secretary of State filed documents on Friday, noting that the vote difference between Biden and Trump is 11,414 with 10,315 ballots remaining to be counted. The county also said there were 191 votes classified as overotes in the presidential race, a number they said was “consistent” with previous contests.
The latest poll counts “irrelevant” Trump campaign contention, they wrote.
The Trump campaign originally called for a review of all overvaluations, but on Thursday Langhofer revised his request, telling the judge he would only request a review of the vote count if the number of so-called oversteps exceeded the margin of victory. .
Previously, the judge had discarded paper and electronic affidavits that the Trump campaign collected from voters after Langhofer admitted that some of the forms were “spam” and not legitimate voters.
“Let me clarify,” Judge Daniel Kiley told Trump’s attorney. “Your solicitation of witnesses resulted in affidavits under oath which you yourself clearly determined to be false and spam, as you put it?”
“The ones you can’t prove are bogus, have you submitted to court?” the judge said before granting the county’s request to exclude the evidence.
This story has been updated with additional details.
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