Former Republican gubernatorial candidate Kari Lake is headed for a second trial in her election challenge, a case that has lasted nearly seven months beyond her loss to Arizona Gov. Katie Hobbs in November.
In a ruling issued late Monday, Maricopa County Superior Court Judge Peter Thompson said Lake should have the chance to present testimony on the one remaining issue in her case, about whether Maricopa County properly verified signatures on ballot affidavit envelopes.
Thompson denied motions from Hobbs, the county and Secretary of State Adrian Fontes to dismiss Lake’s remaining allegation, which they argued was the right course of action in a hearing last week.
Lake won the chance to argue Maricopa County didn’t follow signature verification rules and as a result counted thousands of ballots that it shouldn’t have in November.
The judge clearly set the parameters for Lake: To be successful at her trial, she must prove “Maricopa County’s higher level signature reviewers conducted no signature verification or curing and in so doing had systematically failed to materially comply with the law.”
Lake must also prove that the county’s failure “resulted in a change in the outcome” of the election and be proven by a “competent mathematical basis” and with clear and convincing evidence.
Since November, Lake has continued asking courts to declare her to be the governor or to order Maricopa County to re-do its election.
In March, the Arizona Supreme Court affirmed prior judgments dismissing the bulk of Lake’s case but disagreed with the legal reasoning used to dismiss one count having to do with signature verification. The top court directed a county judge to reconsider that count, leading to the trial now slated to begin Wednesday.
Lake’s case will center on the testimony of three eyewitnesses who participated in the first round of signature verification. The county has argued those workers were merely the first tier in a multistep verification process and they cannot know how many ballots were ultimately verified and counted.
Maricopa County officials, in a statement, defended the county’s election work.
“For three years, our signature verification process has been questioned and for three years we have presented evidence in court — and to voters — that showed it is thorough, legal, and always subject to bipartisan oversight,” Maricopa County Board of Supervisors Chairman Clint Hickman, a Republican, said in the statement.
“I look forward to once again showing our work. We have nothing to hide. We are proud of our team, proud of our processes, and confident we will prevail in a courtroom where the facts matter above all else.”
Lake’s attorneys Kurt Olsen and Bryan Blehm, who were ordered to pay a $2,000 fine for making false statements to the court, last week revived an attempt to open another portion of her case.
Thompson denied that, saying in his order that Lake was trying to contort a portion of her initial case into making a new claim, which is not procedurally allowed, and that regardless she couldn’t prove the outcome of the election would have changed.
The “evidence presented falls far below what is needed to establish a basis for fraud,” Thompson wrote. “It is important to remember that this is an election challenge and focuses on votes affected which would change the outcome of the election.”
Lake’s lawyers had claimed “bombshell” new evidence that they argued should allow them to make their case again on how ballot tabulator issues on Election Day affected the election. Thompson previously dismissed that count, finding that while there were problems with ballot-on-demand printers, even Lake’s own witnesses testified that there was a backup plan that allowed the votes to be counted.
That Lake’s challenge has endured so far beyond her loss to Hobbs by about 17,000 votes is unusual historically. But she’s not the only Arizona Republican who is still contesting an election loss.
Mark Finchem, the Republican candidate for Secretary of State, and Abe Hamadeh, the GOP candidate for attorney general, have lost their legal challenges but contend they should get new trials.
Hamadeh, who lost to Democrat Kris Mayes by 280 votes, argues he should get a new trial in part because of the narrow recount margin and problems in Pinal County, as well as Lake getting to make her case on the signature verification claim, which is similar to one element of Hamadeh’s case.
Hamadeh’s lawyers are slated to argue Tuesday afternoon for a new trial in Mohave County Superior Court.
Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669. Follow her on Twitter @sbarchenger.
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