In an order filed Thursday, Maricopa County Superior Court Judge John Hannah Jr. argued their release would undermine the ballot verification process in future elections.
“The broad right of electoral participation outweighs the narrow interests of those who would continue to pick at the machinery of democracy,” Hannah wrote.
Bryan Blehm, Lake’s attorney, did not immediately respond to messages seeking comment. Lake has yet to comment directly on her social media but has been retweeting supportive posts on X, formerly known as Twitter.
The majority of the two-day bench trial was spent hearing testimony from Maricopa County Recorder Stephen Richer, who is named as a defendant. Richer explained Lake’s initial request to see the envelopes was turned down because state law mandates ballot envelope signatures remain confidential.
“We can’t release this, which is why we’ve said no to this plaintiff and others as well. It’s not discriminatory,” Richer said when questioned by attorneys for the county.
In Arizona, the envelopes for early voting ballots serve as affidavits in which voters declare, under penalty of perjury, that they are registered to vote in the county, haven’t already voted and will not vote again in that election. Releasing the ballot affidavit envelopes could have a “chilling effect” and lead to some voters either not voting or deliberately not signing their ballots, Richer said.
Bryan Blehm, the attorney representing Lake, argued that there are other documents with people’s signatures that are available to the public, such as property deeds. Signatures are already out in the open and “in the stream of commerce,” he said.
The judge compared Lake’s attempts to look at the signed envelopes to villagers wanting to inspect a goose that lays golden eggs, “except that her goose failed to lay the egg she expected.”
“If only she could cut open the electoral process and examine each of its 1.3 million pieces, she says, she would be able to figure out what happened and show that the prize has been there waiting for her all along,” Hannah said. “Even if she doesn’t find what she’s looking for … the act of disassembly will strengthen everyone’s confidence that the machinery produces reliable outcomes.”
The former TV anchor’s latest case doesn’t challenge her defeat but instead is a public records lawsuit that asks to review all early ballot envelopes with voter signatures in Maricopa County, where officials had denied her request for those documents.
___ Associated Press writer Jacques Billeaud contributed to this report.