Kari Lake allies lose court bid to get videos from election contractor

PHOENIX — A group aligned with Kari Lake’s efforts to overturn the 2022 election has lost a bid to get records from a company Maricopa County uses to process ballots.

In a new ruling, a Maricopa County Superior Court judge rejected the request by We The People to get access to any security camera footage of Runbeck Election Services, a firm that performs various election services for the county.

We The People did not explain, and wasn’t legally required to, why it wanted any videos showing items being delivered to or picked up from Runbeck’s facility.

But Republican Lake, in her own allegations that the gubernatorial election she lost to Democrat Katie Hobbs was rigged, has claimed Runbeck injected more than 35,000 ballots into the system before handing them over to the county for tabulation — which Arizona’s chief justice has said was a lie. Lake’s attorney in that legal fight, Bryan Blehm, is also representing We The People.

In seeking the documents, Blehm acknowledged that Arizona’s Public Records Law applies only to officers and public bodies.

But Blehm said there is an exception when a private corporation is the “custodian’’ of public documents.

“Unsupported conclusion”

The judge, Bradley Astrowsky, said that’s true — but only in circumstances when a public entity contracts with a private entity “to perform an important governmental function’’ and entirely outsources that function. Also, for the law to apply, the corporation would have to be in sole possession of the records because of the contract, he said.

The judge said We The People did not perform an important governmental function.

“It accepted ballots and maintained them,’’ he wrote.

“Nothing exits to suggest that Runbeck does any of the following: uses artificial intelligence or any other means to verify voters’ signatures; supervises Maricopa County in any of Maricopa County’s election process; administers the election; inspects any ballots; or counts any votes,’’ Astrowsky said. “Plaintiffs’ unsupported conclusion and desire that something be true does not make it true.’’

Similarly, the judge said the argument about Runbeck having possession of security videos also fails.

“Plaintiffs cannot establish that Runbeck possesses security camera footage because of the contract,’’ Astrowsky wrote. “The contract does not require Runbeck to install or maintain any security-camera system or record or retain any security-camera footage.’’

And he said We The People cited no authority to require the county — or any independent contractor such as Runbeck — to record what was going on at the facility.

There was no immediate response from We The People or Blehm.

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Losing side must pay court costs

The legal foray is going to cost the group. Astrowsky directed Runbeck and the county, which also was named as a defendant, to submit a statement of their legal costs which he will order We The People to pay.

This isn’t the first time the claims about “injected’’ ballots has resulted in Blehm’s side having to pay out.

Blehm, Lake and another of her attorneys were fined $2,000 by the Arizona Supreme Court after they told the justices that the record “indisputably’’ reflects there were at least 35,563 early ballots illegally injected into the system. Chief Justice Robert Brutinel said that was a lie.

None of this affects a separate public records request filed by We The People in connection with the 2022 election in which it is seeking to view images of the early ballot envelopes. Lake and her allies allege Maricopa County did not properly verify the signatures.

Blehm has filed suit on behalf of Lake for the same documents, contending they are public records.

Attorneys for the county, however, contend the state Election Code spells out that voter registration records “shall not be accessible or reproduced by any person other than the voter.’’

A trial judge heard those arguments but has not yet ruled.

Other claim pending

Blehm also filed an identical lawsuit on behalf of We The People — but with a twist.

In that case, he points out that the law contains a specific exemption allowing the documents’ release “for news gathering purposes by a person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station.’’ We The People claims, through Blehm, it is a “reportorial agency.’’

There is, however, at least one key difference between a traditional news outlet and We the People: The latter is registered with the Secretary of State’s Office as a political action committee. And since the 2020 election it has reported more than $200,000 in donations, including $15,000 from Donald Trump ally Mike Lindell, who has promoted the idea that the 2020 presidential election was stolen.

There has been no ruling in that case.