PHOENIX (3TV/CBS 5) - A Maricopa County woman is suing the county's top election official and the Board of Supervisors, claiming her vote wasn't counted and poll workers wouldn't give her a new ballot.

According to the lawsuit filed on Wednesday, Laurie Aguilera filled out her ballot with a provided Sharpie and complained the ink bled through. She said this was the first time she has been given a Sharpie in her years of voting. After completing her ballot, she fed it into a ballot box, but the box "failed to properly register her vote," the court document said. She said the poll worker canceled her ballot but when Aguilera requested a new ballot, the poll workers refused to give her one, the lawsuit states.

Ballot with Sharpie

Aguilera is claiming in the lawsuit that the machines couldn't read the ballot because of the Sharpies. The lawsuit also claimed that not everyone was given a Sharpie, so using the pen failed to provide a "maximum degree of uniformity."

The lawsuit wants the ballots from Aguilera and voters like her to be identified and allowed to be fixed so they're counted. The defendants in the lawsuit are Maricopa County Recorder Adrian Fontes, Clerk of the Maricopa County Board of Supervisors Fran McCarroll and members of the Board of Supervisors, Clint Hickman, Jack Sellers, Steve Churcri, Bill Gates and Steve Gallardo. The Kolodin Law Group and the Public Interest Legal Foundation were behind the lawsuit.

Arizona Attorney General Mark Brnovich announced on Wednesday afternoon he is asking for the Maricopa County Election Department to investigate the claim that Sharpies may have caused ballots to be rejected, spoiled or cancelled. Read the entire letter here.


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