Last November, after Kari Lake – the Trump-backed Republican candidate for the Arizona gubernatorial race – refused to concede after she was narrowly defeated by Katie Hobbs. Instead, the former television news anchor claimed there had been widespread, intentional misconduct on Election Day. Lake, who lost the race by half a percentage point to Hobbs, went on to challenge the results in court, alleging it influenced the outcome.
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However, she was unable to establish her claim that printer problems at Maricopa County polling places were intentional acts that would have changed the race’s outcome had they not occurred, Maricopa County Superior Court Judge Peter Thompson ruled.
He also ordered Lake to pay $33,000 in legal fees to Hobbs.
Appeals Filed
Lake filed two appeals on Wednesday, including with the Arizona Appeals Court. She also filed a motion to have the appeal sent to the Arizona Supreme Court, essentially skipping a step, Fox News reported. Arizona’s Supreme Court denied the request to transfer the appeal, and in its decision, the high court said, “No good cause appears to transfer the matter to this court.”
In addition, election law attorney Tom Ryan told KSAZ, the local Fox affiliate, he believes the court will toss the lawsuit entirely.
“Election contests are supposed to be done and completed within 10 days of the canvass,” explained Ryan. “They were given all the opportunity to have a trial. Judge Thompson allowed in a lot of evidence most judges would not allow in, but he wanted to do it so he could show he gave due consideration and weighed the evidence.”
Despite the setbacks, Kari Lake has gone on to declare herself “the duly elected governor” during a call-in to right-wing streaming channel Real Americas Voice this week, even as Hobbs was sworn in as governor on Monday.
Kari Lake Won’t Back Down
Soon after Election Day, Lake posted a video on social media using Tom Petty’s song “I Won’t Back Down,” much to the ire of the singer’s estate.
“The Tom Petty estate and our partners were shocked to find out that Tom’s song ‘I Won’t Back Down’ was stolen and used without permission or a license to promote Kari Lake’s failed campaign,” the late artist’s family said in a November 17th statement. “This is illegal. We are exploring all of our legal options to stop this unauthorized use and to prohibit future misappropriations of Tom’s beloved anthem. Thank you to all of the fans who brought this to our attention and who help us protect his legacy every day.”
Petty’s publisher Wixen Music Publishing also sent a cease and desist notice to Lake and warned that any further use of the track could result in up to $150,000 per infringement.
Political Anthems
This is hardly the first time politicians have used notable popular music in their campaigns from artists who don’t agree with them. Petty’s estate had sent a similar cease and desist letter to Donald Trump’s campaign, which used the song during a rally in 2020.
President Ronald Reagan famously referenced Bruce Springsteen’s “Born in the USA” during his 1984 re-election campaign. The Gipper even acknowledged “The Boss” and his music directly in an address to an audience in Hammonton, New Jersey.
“America’s future,” Reagan said, “rests in a thousand dreams inside your hearts. It rests in the message of hope in the songs of a man so many young Americans admire—New Jersey’s own, Bruce Springsteen.”
The song has gone on to become a “go-to” jam for many Americans during patriotic events and celebrations, even as it is actually an anti-war song! Moreover, as Politico reported, after Reagan’s call-out, Springsteen reportedly became far more political in his thinking and music – and not in support of right-wing causes.
As Petty has passed away, he likely won’t have any similar political awakening, but using the song in any capacity is still a fight that Lake may have to “back down” from, even as she continues her attempt to overturn the election in Arizona.
Author Experience and Expertise: A Senior Editor for 19FortyFive, Peter Suciu is a Michigan-based writer. He has contributed to more than four dozen magazines, newspapers, and websites with over 3,200 published pieces over a twenty-year career in journalism. He regularly writes about military hardware, firearms history, cybersecurity, politics, and international affairs. Peter is also a Contributing Writer for Forbes and Clearance Jobs. You can follow him on Twitter: @PeterSuciu.