#316 KARI LAKE v. KATIE HOBBS, et al. Bench Trial Day 2 - MAY 18, 2023 | CV2022-095403 / 2 CA-CV2023-0144 - ENTIRE DAY OF TRIAL

5/18/23: Bench Trial Day 2. KARI LAKE v. KATIE HOBBS, et al. - ENTIRE DAY OF TRIAL

MAY 18, 2023

2 CA – CV 2023-0144
Department B
KARI LAKE v. KATIE HOBBS, et al.

Bench Trial Dates: May 17-19, 2023
County: Maricopa
Case Number: CV2022-095403
Honorable Peter Thompson

At Issue Number: 2023-04860
Plaintiff, Kari Lake

* REY VALENZUELA, Director of Election Services & Early Voting - TESTIMONY - MAY 18, 2023 PM (AFTERNOON SESSION)

RE: A.R.S. 16-550(A) SIGNATURE VERIFICATION OF THE MAIL-IN/EARLY BALLOTS FOR THE 2022 GENERAL ELECTION

MAIL-IN/EARLY BALLOTS CAST: 1,311,734

(5:09:44) Rey Valenzuela states he conducted Signature Verification in accordance with the law during the General Election of 2022

(5:12:26 - 5:16:17) He & Attorney Tom Liddy admit multiple times Maricopa County uses the "Latest/Most Recent Signature" in the voter's file to compare to the signature on the voter's affidavit envelope (Mail-In/Early) ballot. If they match, it meets the criteria for then to be dispositioned as a "good signature" and the ballot is accepted for counting and tabulation.

ARS 16-550(A) "Officer in charge of elections SHALL compare the signatures thereon with the signature of the elector on the elector's registration record." (Statute prior to change made by the AZ legislature 2/9/24. New law DOES NOT apply to this case.)

The signature the law requires to be used for comparison is the signature on the voter's registration record (document) when they registered to vote. It's the OLDEST & LAST, in their file.

Using the process performed by Maricopa County, only 1st time voters would meet the requirements of the law since their "Latest/Most Recent Signature" would be the only signature in their file, which is the "elector's registration record."

ARIZONA SUPREME COURT, on 3/22/23 (CV-23-0046-PR) RULED:

IT IS FURTHER ORDERED remanding to the trial court to determine whether the claim that Maricopa County failed to comply with A.R.S. 16-550(A) fails to state a claim pursuant to Ariz. R. Civ. P. 12(b)(6) for reasons other than laches, or, whether Petitioner can prove her claim as alleged pursuant to A.R.S. 16-672 and establish that "votes [were] affected 'in sufficient numbers to alter the outcome of the election'" based on a "competent mathematical basis to conclude that the outcome would plausibly have been different, not simply an untethered assertion of uncertainty." (Opinion 11.)

https://www.clerkofcourt.maricopa.gov/home/showpublisheddocument/4987/638189059709700000

YAVAPAI COUNTY - ARIZONA FREE ENTERPRISE CLUB vs. ANDRIAN FONTES (Secretary of State) S1300SV202300202 - RULING 9/1/23

"Here, the langue of the statute is clear and unambiguous. The statute requires the recorder to review the voter's registration record. The common meaning of "registration" in the English language is to sign up to participate in an activity. Courts often look to dictionaries to determine the ordinary meaning of a word. In re Paul M, 198 Ariz. 122, 124-24 P7 (App. 200) The Merriam Website Dictionary, defines registering as "to enroll formally especially as a voter or student." (emphasis added)."

"No English speaker would linguistically confuse the act of signing up to participate in an event with the act of participating in the event. Registering your child to play in a soccer tournament is not the same thing as the child playing in the tournament. Registering to attend law school is not the same as attending classes. Registering to vote is not the same as voting. Applying the plain and obvious meaning of "registration," the legislature intended for the recorder to attempt to match the signature on the outside of the envelope to the signature on the documents the putative voter used to register." PAGE 3

"Pursuant to the statute, the recorder is to compare the signature on the envelope to the voter's prior registrations (the record). A.R.S. 16-550(A). If they match, then the vote is counted. Id. if they do not, the voter is contacted to address any possible concerns. Id. There is no ambiguity in this statute or the process." PAGE 4

https://www.democracydocket.com/wp-content/uploads/2023/03/2023-9-1-under-advisement-ruling-and-order-.pdf

2019 ARIZONA ELECTIONS PROCEDUES MANUAL - PAGE A93 / PDF PAGE 381

"REGISTRATION UPDATE NEEDED" Sample Letter (Secretary of State)

"Changes in your signature will not affect your registration, but will impact your voting activities if you do not submit a new voter registration form with your current signature. Many voting activities require comparison of signatures to the signature provided on your voter registration form. This includes early balloting and signing of petitions. Your prompt reply is especially important if you will vote using an early ballot for the upcoming election."

"Please take a moment to completely fill out and return the enclosed voter registration form immediately. We will update your information and include your current signature in our system."

https://apps.azsos.gov/election/files/epm/2019_elections_procedures_manual_approved.pdf

The Secretary of State confirms the signature required to compare to the signature on the Early/Mail-In ballots is the signature provided on the voter's registration form.

MARICOPA COUNTY ADMITTED THEY DID NOT COMPARE THE SIGNATURE ON THE MAIL-IN/EARLY BALLOT AFFIDAVIT ENVELOPE TO THE SIGNATURE ON THE VOTER'S REGISTRATION RECORD, AND USED THE MOST RECENT IN THE VOTER'S FILE.

MARICOPA COUNTY FAILED TO COMPLY WITH A.R.S. 16-550(A). APPROXIMATELY 1.3 MILLION "VOTES WERE AFFECTED IN SUFFICIENT NUMBERS TO ALTER THE OUTCOME OF THE ELECTION."

THE 2022 GENERAL ELECTION MUST BE SET ASIDE IMMEDIATELY.

** The Official Transcript for the May 18, 2023 PM (afternoon session) has been mistakenly posted on the Arizona Court of Appeals Division Two website (as of 9/23/24.) The coversheet states "PM" but the transcript (page 2) is for the AM (morning session.) The PM transcript with Rey Valenzuela's testimony stating Maricopa County's Signature Verification (which fails to comply with ARS 16-550(A) is NOT posted on the website.

https://www.appeals2.az.gov/APL2NewDocs1/COA/1001/3833016.pdf

On 9/18/24, the Arizona Superior Court was contacted by phone (left a voice mail) and sent an email alerting to the error and requesting a copy of Official Transcript. The document was received that evening.

OFFICIAL TRANSCRIPT - MAY 18, 2023 PM (afternoon session)
REY VALENZUELA TESTIMONY REGARDING MARICOPA COUNTY'S SIGNATURE VERIFICATION PROCESS - PAGES 91-93.

https://www.dropbox.com/scl/fi/1l97et8j8q2uo9u2ilts1/CV2022-095403-051823-PM-MAY-18-2023-AFTERNOON-TRANSCRIPT-LAKE-v-HOBBS.pdf?rlkey=pfwq409d0qc3fu1lnwohanb7d&st=7hm0dar6&dl=0

MARICOPA ATTORNEY TOM LIDDY: Q. "signature that they used in 2022 to verify their ballot packet or affidavit envelope, and there are the last three signatures in the Recorder's computer for their record; is that correct?"

REY VALENZUELA: A. "That is correct...they are ranged by lateral.: So the latest signature on file for the voter is the first signature that appears, and just for another point of clarification, it was never trained to that you must look at all three exemplars and scroll. I just wanted to make sure that the idea that that is the most recent signature appearing first in front of that level 1 user."

LIDDY: Q. "Okay. Now, let's say there was a -- a live signature right here from 2022, and over here I have the last three...you look at the one from 2022, you look at the other three, they're right there in front of you, and you're looking to see if they're dissimilar?"

VALENZUELA: A. "Correct."

LIDDY: Q. "What do you do if they all look the same?"

VALENZUELA: A. "They are consistent. They they match -- meet that criteria for then to be dispositioned as a good signature."

LIDDY: Q. "There's the one from 2022 for green envelope, a digitized image, and there's the last three?"

VALENZUELA: A. "Again, as mentioned, you're not required to scroll through three. If the first lateral signature on file, vetted, verified signature, is an exact match -- we'll use that."

LIDDY: Q. "So, in fact, you don't even have to read the 2022 signature and then read the signature from 2020, 2018, 2016."

VALENZUELA: A. "That is part of the training. That is correct. Only one exemplar is required to be referenced if -- but the others are provided for those that may be subjective."

ALL DOCUMENTS & INFORMATION:
https://www.dropbox.com/scl/fo/wcnpe66oss4pdkqpczx6n/AHL_u4HT4J5KQAtOucJfZ7Y?rlkey=cyxxwnjeyr2fxl5mifrfrzkax&st=8thmbyok&dl=0