Moving on to the underlying complaint.

Kory Langhofer, attorney for the Trump campaign, acknowledges that the number of overvotes their case would address "may not make a difference" in the race their interested in: @realDonaldTrump's re-election.
@realDonaldTrump An attorney for @katiehobbs said, and this was fuzzy so I'm not 100% sure, that there aren't a lot of overvotes at stake...

She said an exact number but I couldn't make it out.
Wow OK the numbers were repeated by Thomas Liddy, the atty for Maricopa County:

155,850 votes were cast on election.

Tabulation machines identified just 180 overvotes in the presidential race.
"There's no possibility of systematic error" in that case, Liddy says.

Attorneys for Maricopa County and Secretary of State @SecretaryHobbs would like the case dismissed today.
Kory Langhofer isn't just representing the Trump campaign in this case. Also state and national Republican Party.

Even if the presidential race won't be changed by this lawsuit, he says down ballot GOPers are in close races and could be impacted.
Defense attorneys say plaintiffs don't meet the burden to prove this case should go forward.

Maricopa County's attorney says the complaint is full of conjecture and theories that "thousands" of votes were impacted, that there was some kind of "systematic failure."
Another point raised by Maricopa County's attorney: The relief plaintiffs seek isn't possible, he says.

Essentially plaintiffs are asking for a recount of certain ballots. Attorneys say, under state law, a recount can only be triggered by a certain margin of victory.
Judge says there are factual disputes in the "overvote" case that needs to be addressed.

He sets a combined hearing for evidentiary/oral arguments for THURSDAY at 930AM.
Written briefs in this case are due to the judge by 8PM TUESDAY,

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More from @ben_giles

9 Nov
"SharpieGate" isn't necessarily dead.

Attorneys withdrew that case on Saturday. But since then they've tried to get the case merged with the Trump campaign's new complaint about "overvotes."

BUT, at a hearing happening now, the judge is skeptical of allowing that...
The timeline is interesting. HOURS AFTER attorneys for the Sharpie plaintiffs withdrew their case, the Trump campaign filed a complaint about overvotes.

The Sharpie attorneys then filed a motion to transfer with the judge handling the Sharpie case.

That judge denied it.
Now the Sharpie plaintiffs have filed a motion to intervene in the Trump campaign's "overvote" case.

There's a different judge overseeing this case. He sounds skeptical of allowing intervention given that the plaintiffs had scheduled hearings in the original case, but gave up.
Read 6 tweets

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