by Corinne Murdock | Dec 20, 2022 | News
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.
by Corinne Murdock | Dec 14, 2022 | News
By Corinne Murdock |
Kari Lake and Katie Hobbs will face off again over election matters next week — this time, over the course of two days in court.
Lake’s lawsuit against Hobbs and Maricopa County kicked off on Tuesday. Judge Peter Thompson scheduled the two-day hearing for Dec. 21 and 22.
Kari Lake’s counsel, Bryan Blehm and Kurt Olsen, filed an ex parte motion to substitute one of the exhibits: “Attachment C.” They reportedly failed to redact voter signatures on their filings. The judge admitted them, however, which will require the clerk’s office to scan thousands of pages containing the redacted filings into the system.
Andy Gaona, on behalf of Hobbs in her capacity as secretary of state, and Tom Liddy, on behalf of Maricopa County, both said they will file to dismiss. Alexis Danneman was present on behalf of Hobbs as governor-elect.
The judge conferred extensively with all counsel on when and for how long hearings should take place, given the transfer of power designating Hobbs as governor fast approaching (Jan. 2). However, Gaona, Danneman, and Liddy expressed confidence that the judge would dismiss the case and insisted that an evidentiary hearing wasn’t necessary.
However, the judge stated that the substantial amount of evidence before him would require a “reasonable amount of time” to review. He noted that a hearing spanning multiple days would take the case right up to Jan. 2.
“Looking at the timing of this, this is a statutory creature,” said Thompson. “This isn’t a ruling that I will be able to do in 15 minutes.”
Blehm asked for a three day “trial” at minimum, but the judge refused. Thompson stated that the case was a “hearing, not a full-blown trial” that would take a few hours for each side to argue, at most.
Gaona warned that a lengthy hearing would threaten an orderly transition of power. He stated that Lake’s case was “non-existent.”
Liddy argued most of Lake’s evidence was duplicative, and some of the remainder was “of dubious probative value.” Liddy also noted that his team received a thumb drive on Tuesday morning containing confidential voter data. AZ Free News reached out for comment on this point. Liddy explained that they, the Maricopa County Attorney’s Office, received the thumb drive from the clerk of the board after it was served to the county by Lake’s team late Monday. The thumb drive contained about 6,000 pages of documents, many containing voter information such as copies of voters’ signatures.
Blehm took issue with what he claimed was a characterization of their evidence’s procurement by Liddy, but Liddy said he didn’t issue any characterization.
Blehm also asked the judge for permission to inspect the ballots. Thompson appeared confused by this request and denied it.
Technical issues with the conference call derailed the hearing for the better part of the hour, and continued to plague the livestream for the remainder of the hearing.
The cause came from the publication of the conference call access information from those with massive followings such as the Democracy Docket, Wendy Rogers, and Gateway Pundit. Hundreds of members of the public jumped onto the call, leaving some of the litigants out. Initially, Lake and her legal team were unable to access the conference call.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Nov 19, 2022 | News
By Corinne Murdock |
Republican gubernatorial candidate Kari Lake is fundraising to take legal action in response to the reported thousands of voters testifying their disenfranchisement. Most of the complaints concerned the county-wide vote center malfunctions that resulted in voters leaving without voting, spoiling their ballot, or having their ballot rejected later.
Lake refused to concede the race to her opponent, Democrat Katie Hobbs, though most called the race in Hobbs’ favor earlier this week.
Lake began posting voter testimonies on Thursday.
Several voters shared that they weren’t comfortable with putting their ballots in “Box 3,” which was where ballots that the tabulators failed to read were placed.
At least 17,000 voters ended up placing their ballots in that third box option. However, the number of those who refused and spoiled their ballots, then left without voting, is unknown; the county didn’t respond to AZ Free News inquiries about that estimate by press time.
Voters’ concerns about their vote not being counted once placed in Box 3 stemmed from Arizona GOP leadership, who instructed voters to refuse casting a Box 3 vote.
The county insisted that Box 3 votes would be counted. Maricopa County Board of Supervisors Chairman Bill Gates rebuked those who sowed distrust over Box 3 as a valid voting option.
Another voter claimed that he has cast a regular ballot for years without issue, yet had to vote provisional last Tuesday. He claimed that his vote has yet to be counted.
Another voter testified that the printer issued faded ink on her ballot. She said that her ballot was rejected eight times before poll workers had her spoil the ballot and vote on a new one. The entire ordeal took her two hours.
AZ Free News asked the county last week whether the toner used in the printers was the same as the primary. They still haven’t responded.
In a statement, Lake said that last Tuesday’s issues were proof of what she’d been saying for months. She blamed both the tabulation machines and printers for the mass vote center failures, though the county stated publicly that printer settings were the main issue. It took over eight hours for the county to discover the issue, well into Election Day.
Lake continues to gather election complaints on a website, “Save Arizona Now.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Nov 13, 2022 | News
By Terri Jo Neff |
As of press time, Republican gubernatorial candidate Kari Lake was close to Katie Hobbs, with only 32,200 or so votes separating them, with 350,000 more ballots awaiting tabulation statewide.
It has long been believed that Election Day votes—in person and early ballots dropped off at a voting center—will break in favor of Republican statewide candidates. But there have been complaints from Lake’s campaign that tabulated ballots thought to be from pro-Lake parts of Maricopa County are being held back.
This has kept Lake at a thin margin behind Hobbs going into Saturday night, despite the current Secretary of State’s lack of involvement in widescale public events and Hobbs’ lack of a publicized platform during the campaign.
One consideration is that many of the 17,000 “drawer 3” ballots cast in-person on Election Day, which were not immediately tabulated due to printer toner issues, have been set aside at Maricopa County Tabulation and Election Center (MCTEC). Those ballots have been projected as likely coming from pro-Lake voters.
Lake and her campaign have remained positive, expressing confidence that the ballot remaining to be tabulated will break for her and the other statewide Republican candidates.
Meanwhile, Sen. Mark Kelly gave a victory speech on Saturday, although his Republican challenger Blake Masters called on Arizonans to wait until all ballots are counted.
And for his part, Attorney General nominee Abe Hamadeh alleged that the Election Day printer toner issue in Maricopa County was directed against Republicans.
Outgoing Arizona Rep. Mark Finchem has also declined to concede his race for Arizona Secretary of State, although Adrian Fontes had a nearly 120,000 vote lead. He would need roughly 70 percent of the remaining votes to hold even with Fontes.
One person who did concede already is Democrat Martin Quezada, who acknowledged Kimberly Yee as the winner of a second term as State Treasurer by a margin of more than 225,000 votes.
And as previously reported by AZ Free News, Arizona’s second populous county is warning that Pima County’s election results may not be determined for several more days.
Meanwhile, elections officials in all 15 counties were required to begin a state-mandated hand count audit. That audit involves a predetermined number of randomly selected sampling of early ballots cast and election day in-person ballots cast.
But those hand counts can only occur if the political party chairs in each county provided the names of participants by a pre-election deadline. And then the participants must actually show up to conduct the audit.
During the 2020 Primary Election in August, there was no hand count audit performed in Apache, Graham, Greenlee, or Santa Cruz counties due to a lack of participation.
An effort by some Cochise County officials to conduct a 100 percent hand count audit of all ballots hit a roadblock when the Arizona Court of Appeals and the Arizona Supreme Court declined to hear the matter on an expedited basis.
Instead, the court of appeals set several deadlines for December to hear the arguments from Cochise County’s two Republican supervisors and Republican County Recorder as to why they have authority to hand count more ballots than what is required in state law.
The appeal stems from a Pima County judge’s ruling that hand counting all ballots conflicts with language in state law for a “random” selection of ballots. A Nov. 15 meeting has been called by the board in hopes of modifying their full hand count directive to one calling for the audit of only 99.9 percent of ballots.
Attorneys for the board contend this complies with the randomness concern. One outstanding question is how Recorder David Stevens, whom the board has tasked with the expanded hand count audit, will get his hands on the ballots which are currently in the legal custody of the county’s election director, Lisa Marra.
Cochise County Attorney Brian McIntyre, himself a Republican, authored a Nov. 10 letter to Marra’s attorney outlining several “potential criminal acts” that could result if attempts are made to take the ballots from Marra’s custody without a court order.
McIntyre’s letter was copied to Cochise County Sheriff Mark Dannels, who has not taken a public position on how his deputies will respond if the expanded hand count moves forward.
by Corinne Murdock | Nov 9, 2022 | News
By Corinne Murdock |
Republican gubernatorial candidate Kari Lake was unable to close the gap between her and Democrat Katie Hobbs as of Wednesday night. Hobbs widened her lead from just over 8,100 votes to over 13,000 votes.
Hobbs gained 33,000 votes, putting her at 953,700 votes; Lake gained over 28,000 votes, putting her at over 940,700 votes.
There remains around 400,000 ballots to be counted in Maricopa County. In a press release, the county approximated this to be 17,000 Election Day ballots, 382,900 early ballots, and 7,800 provisional ballots.
Lake told Fox News that she anticipated overtaking Hobbs in the coming days. Hobbs didn’t post about the ballot dump as of press time.
Arizona’s closest races were yet to be called as of Wednesday night, as incoming ballots close the gap between Democrats and Republicans. At least 611,300 ballots are yet to be counted.
Maricopa County delayed updating its remaining ballot counts for several hours. AZ Free News was unable to get the counts by press time.
The second-highest number of uncounted ballots comes out of Pima County. Their recorder, Gabriela Cázares-Kelly, told reporters on a press call that it may be until next Monday or Tuesday before they finish counting those ballots.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
