Kari Lake’s Election Challenge Dismissed; Lake Launches Voter Registration Initiative

Kari Lake’s Election Challenge Dismissed; Lake Launches Voter Registration Initiative

By Corinne Murdock |

On Monday, the Maricopa County Superior Court dismissed Republican gubernatorial candidate Kari Lake’s case. Tuesday, Lake announced the launch of the “largest ballot chasing operation” in state history, which she clarified was a voter registration initiative for the upcoming election year.

Leading the initiative, backed financially with the Save Arizona Fund, will be longtime grassroots activist Merissa Hamilton.

Lake asserted that her team had proven “beyond a shadow of a doubt” to the Maricopa County Superior Court the brokenness of the state’s election system. However, despite her court loss, Lake pledged to continue to fight for election wins. Lake said that left-wing political actors shouldn’t be the only ones that conduct voter registration.

“We’ve got to work in this rigged, corrupt system, and we can do it,” said Lake. 

Lake said that while she opposes mail-in ballots, she believes that the current election system requires participation to win. She claimed that about 500,000 Republican and independent voters combined were sent a mail-in ballot that they didn’t return.

“If this is the game we have to play, if this is their rigged system, we’ll work in their rigged system,” said Lake. 

The Arizona Supreme Court granted a review of Lake’s challenge in March.

In Monday’s ruling, Maricopa County Superior Court Judge Peter Thompson explained that Lake failed to prove that election officials engaged in misconduct that affected the results of the gubernatorial election. Thompson ruled that Lake’s presentation of evidence that the signature review process was unlawful didn’t provide certainty that a specific number of ballots were impacted by the allegedly quick review.

Thompson cited several testimonies presented by Lake’s witnesses, who reported a preference for a more hasty and thorough signature review process but admitted that the multiple signature reviews required by law were completed. He said it was Lake’s own witnesses that confirmed the counties had abided by election law concerning signature processes, and rejected Lake’s argument based on Reyes v. Cuming that proper elections administration wasn’t adhered to and therefore hindered their ability to argue on a specific number of affected ballots.

“[T]his review was done hastily and possibly not as thoroughly as [complainants] would have liked — but it was done,” wrote Thompson. “This evidence is, in its own right, clear indicia that the comparative process was undertaken in compliance with the statute, putting us outside the scope of Reyes. There is clear and convincing evidence that the elections process for the November 8, 2022, General Election did comply with A.R.S. § 16-550 and that there was no misconduct in the process to support a claim under A.R.S. § 16-672.”

Lake’s team argued that the ballot signatures were processed much too quickly — under one second — to be in compliance with the spirit of the law. Thompson dismissed this argument, saying that time constraints weren’t outlined in the Election Procedures Manual (EPM) and therefore weren’t a standard that could be held against the counties. 

“Plaintiff argues that this is so deficient for signature comparison that it amounts to no process at all. Accepting that argument would require the Court to rewrite not only the EPM but Arizona law to insert a minimum time for signature verification and specify the variables to be considered in the process,” stated Thompson. “Plaintiff asks the Court to interpret the word ‘compare’ in A.R.S. § 16-550(A) to require the Court to engage in a substantive weighing of whether Maricopa County’s signature verification process, as implemented, met some analytical baseline. But there are several problems with this. First, no such baseline appears in Section 16-550. Not one second, not three seconds, and not six seconds: no standard appears in the plain text of the statute. No reviewer is required by statute or the EPM to spend any specific length of time on any particular signature.”

Thompson stated the Lake’s witnesses were truthful in their testimonies.

“The Court makes no finding of dishonesty by any witness — and commends those signature reviewers who stepped forward to critique the process as they understood it,” said Thompson.

Thompson declared that no further matters remained on the case, save costs sought by the state and county election officials. Thompson issued a 5:00 pm Tuesday deadline for proposed form of judgment from the defendants, with a 5:00 pm Wednesday deadline for objection to those proposals by Lake’s team. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Kari Lake’s Election Challenge Dismissed; Lake Launches Voter Registration Initiative

Judge Refuses to Dismiss Kari Lake’s Case Challenging Election

By Corinne Murdock |

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 News reported 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.  

REVIEW LAST WEEK’S HEARING IN LAKE V. HOBBS

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.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.