IN THE SUPREME COURT OF ARIZONA

KELLI WARD, No. CV-20-0343-AP/EL

Appellant, Maricopa County Superior Court

No. CV2020-015285
v.

CONSTANCE JACKSON; FELICIA

ROTELLINI; FRED YAMASHITA;
JAMES MCLAUGHLIN; JONATHAN
NEZ; LUIS ALBERTO HEREDIA;
NED NORRIS; REGINA ROMERO;
SANDRA D. KENNEDY; STEPHEN
ROE LEWIS; and STEVE GALLARDO,

Appellees.

THE LINCOLN PROJECT’S MOTION FOR LEAVE

TO FILE AMICUS CURIAE BRIEF

KBN LAW, LLC

Mario Nicolais
(Pro Hac Vice Motion Forthcoming)
mario@kbnlaw.com
7830 W. Alameda Ave., Ste. 101-301
Lakeview, Colorado 80226
(720) 773-1526

and

LEWIS ROCA ROTHGERBER CHRISTIE LLP

Bruce Samuels (015996)
bsamuels@lrrc.com
201 East Washington Street, Suite 1200
Phoenix, Arizona 85004-2595
(602) 262-0216
Local Counsel for The Lincoln Project

112977422.2
 The Lincoln Project respectfully moves, pursuant to ARCAP Rule 16, to file

a brief as amicus curiae to explain the relevant statutory deadlines relating to

electoral college deadlines, the rarity of election fraud and to emphasize the

importance of expeditiously resolving this case. The Lincoln Project is an

organization composed primarily of Republicans and conservatives dedicated to

protecting voting rights and defeating candidates who have abandoned their

constitutional oaths. The Lincoln Project believes that the relief sought by

Plaintiffs would endanger the rights of millions of Arizonans including many

supporters of The Lincoln Project.

I. Interests of The Lincoln Project as Amicus Curiae.

Amicus curiae is The Lincoln Project, which has an interest in protecting

voting rights, particularly for supporters in Maricopa County and across Arizona.

The Lincoln Project also has an interest in the accurate portrayal of Arizona’s

election process and procedures, and to ensure that the overall integrity of the

election is not undermined by baseless claims. In The Lincoln Project’s view,1

Plaintiff’s requests to declare the certificate of election of no further legal force and

to annul and set aside the election undermines the concept of government “by the

1
In compliance with Rule 16(a)(2), ARCAP, The Lincoln Project states that is has
prepared the attached brief, as well as reviewed the petition filed by Plaintiff in the
Maricopa County Superior Court.

112977422.2
people, for the people” and stands in contrast to the rules of law inherent in a

democracy.

II. The Lincoln Project’s Brief Will be Useful to the Court In Ruling on the
Merits Presented by the Parties.

Amicus briefs may be filed where a court determines that amici “can provide

information, perspective, or argument that can help the appellate court beyond the

help that the parties’ lawyers provide.” Ariz. R. Civ. App. P. 16(b)(l)(C)(iii). The

Lincoln Project files the Motion and the attached proposed brief believing that the

information provided in the brief, and the arguments made by the Lincoln Project

will help the Arizona Supreme Court given The Lincoln Project’s unique

perspective.

Specifically, The Lincoln Project is an organization composed of

Republicans, former Republicans and conservatives dedicated to defeating

candidates who have abandoned their constitutional oath, regardless of party. To

achieve that purpose, The Lincoln Project has created a broad coalition of

supporters and volunteers across the country. Many of its supporters live in

Maricopa County, Arizona. During the recently conducted general election, The

Lincoln Project put its organization to work contacting, surveying, communicating

with and mobilizing voters across the country. To those ends, The Lincoln Project

invested significant resources in the State of Arizona, and as the largest county in

the state, Maricopa County in particular. The relief sought by Plaintiff threatens to

112977422.2
undermine much of the work The Lincoln Project engaged in, disenfranchising not

just the voters supporting their mission within Maricopa County, but all voters

across the state. The Lincoln Project cannot let such injustice stand.

As a part of its mission to protect the integrity of elections and democracy,

The Lincoln Project has also tracked and engaged in multiple lawsuits across the

country including an amicus brief filed in a prior Arizona action.2 This experience

has given The Lincoln Project a unique perspective on the post-election challenges,

and their underlying motives, brought by the presidential campaign for Donald

Trump and his Republican allies.

While the Defendants/Appellees represent significantly different interests

than The Lincoln Project, any relief granted against them would have a significant

and irreparable impact on The Lincoln Project and its supporters in Arizona.

IV. Conclusion.

The Lincoln Project respectfully requests that this Court grant the motion for

leave to file the accompanying amicus brief.

DATED this 7th day of December, 2020.

KBN LAW, LLC

Mario Nicolais
(Pro Hac Vice Motion Forthcoming)
mario@kbnlaw.com
7830 W. Alameda Ave., Ste. 101-301
Lakeview, Colorado 80226

2
Donald J. Trump for President, Inc., et al v. Katie Hobbs et al, CV2020-014248.

112977422.2
 (720) 773-1526

and

LEWIS ROCA ROTHGERBER CHRISTIE LLP

By: /s/ Bruce Samuels

Bruce Samuels (015996)
bsamuels@lrrc.com
201 East Washington Street, Suite 1200
Phoenix, Arizona 85004-2595
(602) 262-5738
Local Counsel for The Lincoln Project

112977422.2