Kari Lake wants to review your early ballot envelope and is asking a court for permission

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Who should be able to review the green envelope that most Arizona voters sign and use to return their ballots?

That question is central in a case that goes to trial starting Thursday, in which former gubernatorial candidate Kari Lake is seeking access to the about 1.3 million envelopes used by Maricopa County voters in 2022. Lake lost that election to Democratic Gov. Katie Hobbs by 17,117 votes, although Lake never conceded.

Instead, Lake has filed a handful of lawsuits casting doubt about election procedures and seeking to convince a judge she is the governor. Unable to provide evidence of her claims that her election was "rigged" during two prior trials, Lake and her lawyer's latest courtroom pursuit deals in public records.

Specifically, they want to review the green envelopes that include a voter's signature, address and, if the voter includes it, a phone number.

Lake and Bryan Blehm, her attorney, argue the envelopes are a public record. The county contends they are not, and that a ruling allowing the envelopes to be made public risks identity fraud and infringing on privacy that could have a chilling effect on voters.

"This is about voter privacy and security," said Maricopa County Recorder Stephen Richer, who is expected to testify during the trial and is being sued by Lake. "Lake wants us to make public the signatures and cellphone numbers of all early voters. No county in Arizona has ever done this. It would have a chilling effect on voting, it would weaken the security controls on early voting, and it would open the door to voter harassment."

Kari Lake, who unsuccessfully ran for Arizona governor in 2022, speaks at the San Joaquin Freedom Fest event at Hutchins Street Square in Lodi on Aug. 4, 2023.
Kari Lake, who unsuccessfully ran for Arizona governor in 2022, speaks at the San Joaquin Freedom Fest event at Hutchins Street Square in Lodi on Aug. 4, 2023.

A spokesperson for Lake did not respond to an email request for comment Tuesday.

In a separate case, Richer has accused Lake of defamation, saying her false claims about election sabotage have led to threats against he and his family. Lake countered that Richer was trying to squelch her First Amendment right to free speech.

The two will likely meet in court this week in the public records matter. The trial is scheduled for Thursday and Monday before Maricopa County Superior Court Judge John Hannah, whose court orders in recent days have kept the case narrowly focused on the public records issue.

Lake sought to change the foundation of her case at the eleventh hour to include a ruling from a judge in Yavapai County, who in a separate case said election officials only should use signatures on voter registration forms to verify signatures.

Most counties also turn to other records for signature verification, such as signature rosters or early ballot request forms, a practice in jeopardy after Judge John Napper's ruling.

The ruling was not final, however, and the Yavapai County case is ongoing. Hannah on Sept. 11 denied Lake's request to incorporate it into her own lawsuit.

David Mast, a Lake supporter in Maricopa County, and Cochise County Supervisor Tom Crosby filed a motion to intervene in support of Lake's case earlier this month, just a few days after their separate lawsuit to challenge the 2022 election result was swiftly shot down by the Arizona Supreme Court. Hannah denied their request Monday.

"They purport to represent pretty much everyone in Arizona, but if that were true there would be no dispute, and no need for this lawsuit," Hannah's decision reads. "Their filing does not disclose whom (if anyone) they actually do represent, what exactly motivates their appearance, or why their point of view deserves special attention. That makes their participation unhelpful at best."

Blehm first sought the envelopes in March by filing a public records request with Maricopa County, arguing the signatures needed to be reviewed in connection with Lake's separate case challenging her election defeat. Lake continues to appeal that separate election challenge, though none of four courts, including the Arizona Supreme Court, has found evidence the election result was not correct.

She's also repeatedly teased a 2024 run for U.S. Senate and is considered a possible vice presidential pick should former President Donald Trump win the GOP nomination for the White House next year.

Lake quit a career as a television news anchor in Phoenix just before announcing her foray into politics to run for governor and quickly ascended to stardom among the GOP grassroots supporters who back Trump.

It is not clear what legal benefit Lake sees in obtaining signatures. It is almost certainly too late for her to try and use those signatures as evidence in her separate election challenge, which is before an appeals court and beyond the point at which new information can be introduced.

Lake has repeatedly seized on signatures, and supposed mismatches, to claim election officials are counting ballots they should not tally. Last month, Lake told podcaster and former Trump adviser Steve Bannon that seeing signatures would reveal "bogus ballots."

Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669.

This article originally appeared on Arizona Republic: Kari Lake goes to court, now asking to review early ballot envelopes