Kari Lake plans to appeal her lawsuit against governor-elect Katie Hobbs in her capacity as secretary of state and Maricopa County.
Maricopa County Superior Court declared in a ruling issued on Christmas Eve that Hobbs was governor-elect because Lake presented no “clear and convincing evidence” of election misconduct or fraud.
“[Election workers performed] their role with integrity. Not perfectly, as no system on this earth is perfect, but more than sufficient to comply with the law and conduct a valid election,” wrote Thompson.
My Election Case provided the world with evidence that proves our elections are run outside of the law. This Judge did not rule in our favor. However, for the sake of restoring faith and honesty in our elections, I will appeal his ruling.
On Monday, Maricopa County sought sanctions against Lake and her attorneys, Brian Blehm and Kurt Olsen. The trio could owe up to $696,000 to cover attorneys’ fees and costs incurred by the county and secretary of state’s office. The county asserted that Lake kept up a “sustained attack on Arizona’s elections” long before this recent election, and filed her lawsuit in bad faith.
The county cited a since-deleted tweet from Lake, which shared a report compiling claims from “legal experts” that Judge Peter Thompson’s ruling was “ghostwritten” by the likes of top Democratic election attorney and principal Russiagate figure Marc Elias and others.
Lake would be far from the first facing sanctions for disputing an election in recent years. There are at least three other parties with outstanding sanctions.
Prominent among Lake’s claims of election malfeasance were missing chain of custody documentation for Election Day ballots in violation of the Election Procedures Manual (EPM) and inducing Ballot On Demand (BOD) printer issues by using 19” instead of 20” ballots.
We know exactly how it occurred.
Somebody in Maricopa County either let it happen or made it happen.
Hopefully, the appeals court gives this damning admission the attention it deserves. https://t.co/WnAj29mFbL
Thompson preceded his 10-page court ruling by acknowledging voters’ “anger and frustration” over the “inconvenience and confusion” at vote centers, but issued a reminder that his duty was to weigh Lake’s claims and the actions of Maricopa County and the state against the law.
“[T]his Court’s duty is not solely to incline an ear to public outcry,” wrote Thompson.
In order to prevail, Lake needed to prove that alleged misconduct such as EPM violations and BOD irregularities were intentional, conducted by an officer making or participating in a canvass, intended to change the election outcome, and resulted in a change in the election outcome.
The ruling reviewed the testimonies of Lake’s witnesses: Mark Sonnenklar, a Republican National Committee election attorney; Heather Honey, a supply chain auditor and consultant; Clay Parikh, a Northrup Grumman cybersecurity expert; David Betencourt, a temporary technical election support employee (“T-Tech”) with Maricopa County; and Richard Baris, director of Big Data Poll.
With the exception of Honey, Thompson determined that these witnesses completely failed to relay personal knowledge of intentional or unintentional election misconduct. Honey testified that Runbeck Election Services employees introduced about 50 ballots of family members into the stream.
However, Thompson determined that Honey’s claims were insufficient to meet the burden of proof because these ballots weren’t clear and convincing evidence of affecting the election outcome. Thompson noted that Maricopa County in its testimony clarified that it only granted Runbeck permission to submit general public ballots, not those family member ballots.
“Every single witness before the Court disclaimed any personal knowledge of such misconduct. The Court cannot accept speculation or conjecture in place of clear and convincing evidence,” wrote Thompson.
Thompson declared further that Lake didn’t offer sufficient evidence to contradict the testimonies of Election Day director Scott Jarrett or County Recorder Stephen Richer.
In response to the ruling, Maricopa County Board of Supervisors Chair Bill Gates declared that Lake sought media attention, not a remedy to the election.
“Plaintiff Lake’s lawsuit was never about well-pled facts and evidence. Instead, it was the continuation of a made-for-TV tirade from a candidate who cannot or will not accept the fact that she lost,” said Gates. “Arizona courts have made it clear that frivolous political theater meant to undermine elections will not be tolerated.”
On Monday, a superior court judge refused to dismiss Republican gubernatorial candidate Kari Lake’s lawsuit entirely against Maricopa County and the state. Wednesday’s planned hearing will go on.
Maricopa County Superior Court Judge Peter Thompson also denied petitions from outgoing Secretary of State and governor-elect Katie Hobbs, and Maricopa County Recorder Stephen Richer, to avoid deposition.
The judge rejected Hobbs and Maricopa County’s argument that the Rules of Civil Procedure determining whether a case qualifies for civil litigation don’t govern election contests. The judge did agree that the court timelines permitted for discovery conflicted with the constricted deadline required by statute. However, even on that point he said precedent prioritized statute over civil procedure.
“[I]n this instance the substantive statute – with its strict timelines and limited room for discovery that define the parameters of an election challenge – must prevail over civil rules which simply do not fit in these cramped confines,” wrote the judge.
Hobbs sought exemption from deposition. Her team sought application of “apex doctrine,” something which excuses high-ranking government officials and executives from testifying. The judge indicated that granting Hobbs’ request would set a standard exempting all government officials.
“While the Court is sensitive to the need to have discovery be proportional to the needs of the case, the Court is not inclined to apply a blanket rule that high-level government officials can never be called to testify,” stated the judge.
The judge rejected Lake’s request to include emails in discovery, opining that the request went beyond the intent of statute for ballot inspection. He warned that a lax interpretation would have the “potential for transforming election contests of limited scope into a lighting-round of discovery disputes.”
The judge also addressed Lake’s claims that Hobbs and the county violated the First Amendment. As AZ Free Newsreported earlier this month, both Hobbs and the county worked with a private company operating as a middleman between government and social media. Thompson asserted that free speech violations were “premise[d] on state action,” or direct involvement.
“[T]he First Amendment does not restrain private parties from opposing speech, or choosing what to publish,” wrote Thompson. “This is the key deficiency with the claim against the Recorder and Secretary’s respective reports to the Election Misinformation Reporting Portal—after the report is made, there is no further conceivable state action. Twitter (to take one example) takes down posts that offend its terms of service after a report is made, and neither the Recorder nor the Secretary are alleged to have control over that process or are alleged to have the authority to compel such a take-down.”
In short: the court took Hobbs and Richer at their word.
Thompson also rejected Lake’s claim that Maricopa County’s ballot-on-demand (BOD) printers lacked the required certification. He stated that relevant statute didn’t include printers. The judge did grant Lake an opportunity to present findings to support her claim of BOD interference resulting in lost votes for her in court.
Thompson rejected Lake’s attempt to include a challenge of Maricopa County’s signature verification efforts, noting that Lake had since the April release of Attorney General Mark Brnovich’s report on the subject to confront the issue — but didn’t. Thompson also rejected Lake’s claim that mail-in ballots violate the state constitution’s secrecy laws, nothing that Lake had 30 years to challenge the law.
Thompson also rejected Lake’s claims of due process and equal protection violations, indicating they were vague and repetitive.
Thompson did accept Lake’s claim that Hobbs and Maricopa County violated chain of custody law. Thompson also afforded Lake the opportunity to prove BOD printer malfeasance.
BREAKING: Our Election Case is going to trial. Katie Hobbs attempt to have our case thrown out FAILED. She will have to take the stand & testify.
Maricopa County Recorder Stephen Richer said that early mail-in ballots are less problematic than in-person voting.
Richer made the remark during last month’s rowdy Board of Supervisors’ meeting to certify the election results. Richer said that this year’s early voting process had few issues, which he assured were remedied quickly.
“The early voting process is safe. It is secure, it is trackable, and it is subject to fewer of the caprices of in-person voting,” stated Richer.
The county recorder disclosed that preference at the end of his summary report on the county’s election processes and relevant data. He also took a swipe at critics.
“We can spend the next two years as we’ve spent the last two: fighting over conspiracy theories as promoted on social media by people who know nothing about elections,” stated Richer.
That line prompted loud, angry outcries from the audience. Gates pleaded calm, remarking that “the world is watching” as the audience shouted at Richer.
Richer continued, insisting that people should stop focusing on issues like splunk logs and ballot mules, and instead focus on legislative efforts like speeding up early vote processing.
Maricopa County Recorder @stephen_richer urges voters to move past frustrations over recent election issues: "We can spend the next two years as we’ve spent the last two: fighting over conspiracy theories as promoted on social media by people who know nothing about elections." pic.twitter.com/dOpzOL96Rm
Richer assured those present and the tens of thousands viewing the live stream of the meeting that the election was run efficiently despite Election Day hiccups with tabulators stemming from printer settings. Richer noted that political observers representing all parties were present throughout the election process.
Richer reported that Election Day voter registration totaled around 2.4 million. Approximately 77 percent of those were on the Active Early Voting List (AEVL); the county reportedly mailed out just under 1.9 million ballots.
There were 6,836 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) votes. Over 1.3 million million early ballots were returned early: 806,000 came through USPS. Of the 461,000 early ballots dropped off at drop box early voting locations, 290,000 were dropped off on Election Day. Richer remarked that the number of early ballots dropped off on Election Day were a significant increase, despite his “best efforts” to dissuade voters from doing that.
Richer walked through the early ballot review process. He dispelled rumors that the county uses artificial intelligence for signature verification.
Richer reported that on the day before Election Day, the county had processed all early ballots received by Saturday. By Wednesday morning they processed all early ballots they received by Sunday, Monday, or by mail on Tuesday.
Richer emphasized that the county didn’t compromise any aspect of their early ballot processing because of the “stink” raised by the community concerning signature verification over the last few years.
He reported that the Sunday after Election Day, the early vote team had to review provisional ballots and cure ballots. Approximately 16,000 ballots had “bad” signatures, and all were cured except about 1,800.
Elections are administered at the county level.
In Arizona, early voting and voter registration is administered by the 15 country Recorders (majority republican).
Election Day and tabulation is administered by 15 Boards of supervisors (majority Republican).
0 by Hobbs.
— Stephen Richer—Maricopa Cnty Recorder (prsnl acct) (@stephen_richer) November 22, 2022
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Maricopa County Recorder Stephen Richer worked with the federal government to moderate speech, suggesting in one meeting that they hold “bootcamps” for media outlets to improve election reporting. Richer clarified to AZ Free News that he doesn’t advise or direct the actions of the federal government.
According to documents obtained by Trump’s 2024 campaign attorney Christina Bobb, Richer met with the Cybersecurity and Infrastructure Security Agency (CISA) Cybersecurity Advisory Committee (CSAC) Misinformation & Disinformation (MDM) Subcommittee in March. CISA is an agency of the Department of Homeland Security (DHS).
Well look at what we found!! Turns out @CISAgov has been collaborating with Maricopa County @stephen_richer to censor election information and keeping it from the public. Notice it’s marked FOUO. Richer also started a Super PAC to take down “election deniers”……. pic.twitter.com/xdrIJWJBHU
Richer cited The Gateway Pundit (TGP) reporting on a debunked claim that county election officials held an unannounced meeting as one example of misinformation.
TGP sued Maricopa County last month, TGP Communications v. Sellers, for denying one of its reporters a press pass. On Monday, the Ninth Circuit Court of Appeals ordered the county to issue the press pass while litigation continues. The court asserted that the county likely violated the First Amendment, finding that the county discriminated against TGP for its reporter’s political views.
This reporter asked Maricopa County for comment on the order to issue a press pass. The county responded that it doesn’t comment on ongoing litigation.
AZ Free News asked Richer about this collaboration with CISA, as well as his decision to delete the below tweet amid the ongoing lawsuit. Richer responded that his remarks to CISA weren’t unique from remarks that he’s shared with many other audiences. He added that the documents posted on Twitter summarized the topics he discussed.
“I don’t advise them on anything or direct any of their actions. I think they just wanted the perspective of an election administrator and what I try to do to share accurate voting information,” stated Richer.
As for the tweet, Richer explained that he occasionally deletes posts that he dislikes or believes to be unproductive in hindsight. He added that he doesn’t keep track of the posts he deletes or the reasons why he deleted them.
Richer told the MDM Subcommittee that the federal government and CISA had low credibility in rumor control. He advised that those with the most credibility were local community members, mainstream media, and social media companies like Twitter and Facebook.
Along with the misinformation and disinformation claims, Richer told CISA that some were guilty of “malinformation” by submitting too many public records requests. In its meeting summary, CISA characterized the increase in requests as an “abuse.”
“In 2019, Maricopa County received 30-40 public records requests. In 2021, they received over 350 requests ranging from requests to produce everything related to the 2020 election to all email communications related to elections, to all the rules and processes on how the elections are administered,” stated the report. “This example highlights how individuals can use lawful means to burden a system already stretched thin.”
Those leading the MDM Subcommittee meeting were Megan Tsuyi, designated federal officer for CSAC and MDM Subcommittee; Kate Starbird, a University of Washington professor and MDM Subcommittee chair; and Kim Wyman, CISA senior election security lead.
Others present at the meeting were Vijaya Gadde, the legal, public policy, and trust and safety lead for Twitter; and Suzanne Spalding, senior DHS advisor and director of Defending Democratic Institutions Center for Strategic and International Studies.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Several of the bills would establish an election integrity commission; a tiebreak system for when the attorney general and secretary of state can’t agree on the Election Procedures Manual (EPM); further rights for political party and public observers to oversee processing of drop box ballots; a requirement for drop box ballot processing to be recorded on a live feed; the option for any county to forgo the use of electronic tabulation machines; and clarifications for minimum signature disqualification and observer rights to challenging signatures.
One bill would prohibit the secretary of state, county recorders, county board of supervisor members, and any elected or unelected officer in charge of elections from serving as a chairperson, treasurer, or any other member of a political action committee (PAC). That bill would prevent controversies such as ongoing public scrutiny over Maricopa County Recorder Stephen Richer’s PAC. A similar bill was introduced last session by State Representative Shawnna Bolick (R-Phoenix), but never made it to any committee.
Richer’s PAC, Pro-Democracy Republicans, submitted $45,000 to Defending Arizona Values for polling and mailers, $10,000 to Awareness Analytics for polling, just over $7,000 to Richer for event and operating expenses, over $3,700 to Connect Strategic for consulting, and over $2,200 to Summit Consulting Group for consulting.
The PAC’s $88,000 in donations came from thousands contributed by various business leaders across different sectors, like investing and insurance.
Another bill would further clarify legislative intent concerning Title 16, “Elections and Electors,” Chapter 4, “Conduct of Elections.” The proposed legislation clarifies that courts, election officials, and others in power have interpreted these statutes to “an undesirably restrictive degree of public transparency.” Kolodin’s bill establishes a rule of construction that requires the interpretation of statute that affords more transparency to prevail.
A final bill, the “Voters Right to Know Act,” would establish a system enabling voters to see an image of their cast ballot online. These ballots would be digitally organized in a searchable manner by precinct, not vote center, and would include a report informing voters how each vote for the particular candidate or ballot measure was tabulated. Each ballot would also have a unique identifier like a serial number. However, the identifier wouldn’t be linked to individual voters in any government database. Exempt from this ballot image database would be Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) votes. Violations of this legislation would constitute a class 2 misdemeanor.
Though they share the same name, Kolodin’s bill is unrelated to Proposition 211. That separate act approved by voters during this election claims to purge dark money from elections, though it includes carve outs for leftist dark money: corporate media, Big Tech, most labor unions, and certain PACs.
Prior to joining the state legislature, Kolodin served as a prominent constitutional attorney. Over the last few years, he’s represented the Arizona GOP in several election integrity cases. Kolodin attempted to extend Maricopa County’s polling hours on Election Day following mass voting machine failures, which the county explained during its cavass on Monday were due, in part, to incompatible heat settings on a series of retrofitted ballot-on-demand (BOD) printers. Senator Mark Kelly (D-AZ) intervened in that petition to ensure its demise.
In case anyone wonders why I've been running around like a crazy man. Proud to be representing the @AZGOP in this suit! https://t.co/4o0gBSCLvI
