- Dec 28, 2011
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The AZ. Supreme court has ruled to keep the request to see the envelopes that contain the signatures. Maricopa has to defend. The burden of proof is now on Maricopa. All this is is transparency and not a conspiracy.
"Judge John Hannah refuted the argument, citing that county recorders usually include ballot affidavit envelopes in voter registration records, but not because it is required by law.
The ruling can be read here:
File
Superior Court of Arizona Maricopa County .pdf
Hannah ruled Monday that the court is “not required to defer to the elections officials in how they have historically interpreted” the law.
He clarified that he had “no quarrel” with the interpretation, but said he did not agree with it.
“I am not convinced that the ballot affidavit is a voter registration record,” Hannah said, according to the Arizona Capitol Times. “It is a record from which the election officials derive information that becomes part of the voter registration record, but that doesn’t mean the ballot affidavit itself is a voter registration record.”
Hannah said the parties would have to litigate under public records law, which means the county has to defend the claim that releasing the records would violate privacy interests or not be in the best interest of the state.
"Judge John Hannah refuted the argument, citing that county recorders usually include ballot affidavit envelopes in voter registration records, but not because it is required by law.
Judge rules to not dismiss Kari Lake's request for access to ballot affidavit envelopes
Maricopa County now has to defend the claim that releasing the records would violate privacy interests or not be in the best interest of the state.
justthenews.com
The ruling can be read here:
File
Superior Court of Arizona Maricopa County .pdf
Hannah ruled Monday that the court is “not required to defer to the elections officials in how they have historically interpreted” the law.
He clarified that he had “no quarrel” with the interpretation, but said he did not agree with it.
“I am not convinced that the ballot affidavit is a voter registration record,” Hannah said, according to the Arizona Capitol Times. “It is a record from which the election officials derive information that becomes part of the voter registration record, but that doesn’t mean the ballot affidavit itself is a voter registration record.”
Hannah said the parties would have to litigate under public records law, which means the county has to defend the claim that releasing the records would violate privacy interests or not be in the best interest of the state.