PHOENIX — The U.S. Supreme Court on Monday threw out what is likely the last legal challenge remaining about the choice of Arizona voters of Joe Biden for president.
Without comment the justices refused to consider a request by Pinal County resident Staci Burk that she should be allowed to pursue her claims of evidence of election fraud. She wanted access to the ballots to prove that some were invalid.
The justices, however, never actually got to look at those claims. In fact, that wasn’t even part of her petition to the high court.
What Burk wanted — and what the justices refused to grant her — is a hearing over the question of whether she was an “elector’’ under Arizona law who had standing to bring such a claim in the first place. It was that lack of standing that allowed state courts, right up through the Arizona Supreme Court, to ignore her claims.
In her underlying claims, Burk alleged widespread fraud and improper tallying by voting machines. She also claims that someone had flown a batch of ballots into Phoenix’s Sky Harbor International Airport, some of which Burk said were taken to the Maricopa County ballot tabulation center.
Burk never got a hearing on her claims after her case was tossed last year by Pinal County Superior Court Judge Kevin White who concluded she had no legal right to sue because she did not fit the legal definition of “qualified elector.’’ He said that was because she was not registered to vote in the 2020 race.
She charged that her registration had been illegally canceled and sought a hearing. But White also found that Burk, who represented herself, waited too long to file suit.
The state’s high court reached the same conclusion.
Chief Justice Robert Brutinel writing for himself and three other justices who reviewed the case, acknowledged that Burk contends that her registration was improperly canceled.
The justices did not rule on that nor even dispute her argument. But Brutinel said it doesn’t matter.
“She admits that she was well aware before the election that she would not be able to vote in the general election,’’ the chief justice wrote. “There is nothing before the court to indicate that (Burk) timely contacted the appropriate authorities to correct any problems with her voter registration.’’
There was no immediate comment from Burk.
A lack of rain in late 2020 may mean a disappointing wildflower season. Let us fill in the gap with this compilation of wildflower videos from former Arizona Daily Star reporter Doug Kreutz.
Aerial photos of Tucson, Pima County, in 1980
Swan Road and Sunrise Drive in February, 1980. The new Safeway Plaza is bottom right. Catty-corner from the Safeway, a Burger King restaurant is under construction. Across the street, land bladed for a Valley National Bank (now Chase Bank), a restaurant, retail and apartments. The old Rural Metro fire station is behind the street mall at top right.
Oracle Road (left to right) and Ina Road in February, 1980. There were gas stations on three corners of the intersection. All have been demolished. The venerable Casas Adobes Plaza is lower right, now anchored by Whole Foods. The open land at upper right is now the Safeway Plaza. The bank on the corner is still there, but the existing buildings to the right were demolished to make way for parking for the new plaza. Lower left is the property for the Haunted Bookshop, now Tohono Chul Park.
Oracle Road and Magee Road north of Tucson in February, 1980. Plaza Escondida is at right, now anchored by Trader Joe's. The open land at bottom of the photos is now the large retail plaza anchored by Kohl's, Sprouts and Summit Hut. The Circle K (sitting alone, upper left) is now a ballroom dance studio. Note the new asphalt on Oracle Road. In 1977, the state approved a project to widen Oracle Road (a state highway) to six lanes from Ina to Calle Concordia. That may be the last time the road was paved.
Tucson Medical Center in February, 1980. The intersection of Grant and Craycroft roads is at bottom left.
O'Reilly Chevrolet (cluster of cars), then Park Mall (center left) and Broadway Road in February, 1980. The open land at top left is now Williams Centre.
The FICO pecan orchards, bisected by South Nogales Highway, looking north to Sahuarita Road in February, 1980.
Tanque Verde Road (bottom left to upper left) and Wrightstown Road in February, 1980, before the City of Tucson constructed the grade-separated interchange. The first units of the Tanque Verde Apartments are lower left. The Circle K facing Wrightstown at the intersection is now Pair-A-Dice Barbers. The large parking lot and building to the left of the Circle K was the O.K. Corral Steakhouse, which was established in 1968. It closed in 2008. It's now Borderlands Trading Company.
Corona de Tucson Baptist Church, lower right, on Houghton Road south of Sahuarita Road in February, 1980. With exception of some infill housing and a few more trees, the neighborhood looks pretty much the same.
IBM (International Business Machines) on south Rita Road, looking north to the Santa Catalina Mountains in February, 1980. In 1988, IBM began phasing out data storage products manufacturing in Tucson, resulting in the loss of nearly 2,800 workers in Tucson, part of a $600 million consolidation plan.
Tucson National Golf Course north of Tucson, looking south, in February, 1980. The Cañada del Oro Wash is at left. Magee Road goes left to right at the top of the photo. Shannon Road curves to the left at top of the photo. That open land is now home to Pima Community College and the YMCA.
