EXCLUSIVE: Runbeck Election Services Refuses to Comply with Legal Public Records Request, Maricopa County Served With Letter Threatening Lawsuit – REQUESTS INCLUDED

 

Maricopa County Recorder Stephen Richer (left) Maricopa County Supervisor Bill Gates (right)
By Matthew Casey/KJZZ

Runbeck Election Services has refused to comply with a lawful Public Records Request for “exterior video of all loading dock locations which clearly shows any items) being delivered and/or picked up” and “interior video of all loading dock locations/warehouse space which clearly shows any items) being delivered and/or picked up” after Election Day.

This video could shed light on a central question from Kari Lake’s lawsuit of why there are over 35,000 ballots unaccounted for.  Maricopa County still refuses to answer this question, as well as other questions about the missing ballot chain of custody documentation. According to a recent filing from Lake’s attorneys, Maricopa County Delivery Receipt forms “on Election Day, should have been (but were not) completed at MCTEC with the precise number of EDDB ballots sent to Runbeck.” 

A Public Records Request to Runbeck from We The People AZ Alliance Shelby Busch, dated April 8, states:

Dear Public Records:

Pursuant to the Arizona Public Records Law, A.R.S. § 39-121 et seq., We the People AZ Alliance requests: Any and all video recorded from November 8, 2022 through November 15, 2022 that depicts the following:

1. Exterior video of all loading dock locations which clearly shows any item(s) being delivered and/or picked up.
2. Interior video of all loading dock locations/wharehouse space which clearly shows any item(s) being delivered and/or picked up.

Where possible, please provide responsive materials in an electronic format by email. Given the importance of free, fair, and transparent elections and the public’s skepticism regarding the conduct of recent elections, We the People AZ Alliance PAC is seeking production of these documents on an expedited basis.

We the People AZ Alliance PAC is a reportorial organization (as referenced in A.R.S. § 16-168(F)) with a current focus on election integrity. We are requesting this information for the purpose of providing information to the public, they are not sought for commercial purposes. As such, we request a waiver of all fees for this request or at most fees be limited to copying and postage charges. A.R.S. § 39-121.01(D)(1). If such charges are required, We the People AZ Alliance agrees to pay up to $25. If the costs for such fees will exceed $25, please notify us prior to incurring such costs. This request is for noncommercial purposes and additional fees are not applicable to this request. Disclosure of the requested information to us is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and its election process. Please be aware that these documents, whether produced by the Custodian of Records or not, are public documents and they may be relevant to future litigation. Any deletion of said public documents can give rise to a negative inference in a court of law.

Please respond to this request within 10 days. If you expect any delays beyond this time, we ask that you notify us of such delay with an expected date of compliance with this lawful FOIA request.

If any of the items requested are denied, we ask for a written response that cites each specific exemption and your basis for refusing to comply with the request. If you conclude that only a portion of the items requested are exempt, please send the remainder of such records for inspection and copying, redacting only the exempt portion(s).

Please contact me at FOIA@wethepeopleazalliance.com or (602) 574-2376, if you require any additional information. I appreciate your cooperation and look forward to hearing from you soon.

Runbeck responded last week, refusing to comply with the request, stating they have “no legal obligation to do so.” In the response, which can be found below, the attorney for Runbeck, who also represented Katie Hobbs in numerous election challenges, insists that because “Runbeck is a private corporation,” they are not subject to Public Records Law.

 

Katie Hobbs has the same attorney as Runbeck. How incestuous and disgusting?

The liberal hack attorney even has his pronouns in his email signature.

Kari Lake and We The People AZ Alliance’s Attorney Bryan Blehm tweeted the response from Runbeck to their Public Records Request, stating,

Blehm: Runbeck Election Services refuses to produce video from the day after the election of their loading dock and loading dock warehouse. Maybe they don’t want you to see all of those ballots being unloaded. Will the law allow Maricopa County to hide behind the skirt of its vendor?

We The People AZ Alliance responded, “We the People AZ requested footage of Runbeck’s loading docks and they are refusing to comply. Counties across the country use the services of Runbeck. Is this so they can hide from their public transparency obligation?”

We the People AZ requested footage of Runbeck's loading docks and they are refusing to comply. Counties across the country use the services of Runbeck. Is this so they can hide from their public transparency obligation? https://t.co/ZTFfaeYm5d

— We the People AZ Alliance (@WethePeopleAZA1) April 28, 2023

After the bogus response from Runbeck Election Services, Blehm sent another public records request to Maricopa County, quoting nearly word for word the Arizona Court of Appeals Decision, which required 2020 Maricopa County Election auditor Cyber Ninjas to “promptly furnish” “audit-related public records,” stating, “Cyber Ninjas has become the custodian of those records under the PRL [Public Records Law].”

From the Arizona Court of Appeals:

To the extent Cyber Ninjas is in sole possession of audit- related public records because of its contract with the Senate, Cyber Ninjas has become the custodian of those records under the PRL. And as to those records, Cyber Ninjas has assumed the obligations the PRL assigns to a “custodian” of public records. Under the PRL, a person seeking publicrecords must make its request to the “custodian” of the records. A.R.S. § 39-121.01(D)(1). “Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record.” A.R.S. § 39-121.01(E).

From Bryan Blehm:

To the extent [Runbeck] is in sole possession of [election]-related public records because of its contract with [Maricopa County], [Runbeck] has become the custodian of those records under the PRL. And as to those records, [Runbeck] has assumed the obligations the PRL assigns to a “custodian” of public records. Under the PRL, a person seeking public records must make its request to the “custodian” of the records. A.R.S. § 39-121.01 (D)(1). “Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record.” A.R.S. § 39-121.01(E).

Blehm’s Public Records Request to Maricopa County, dated April 30, concludes, “I am asking that Maricopa County fulfill this public records request by obtaining the sought after video directly from its vendor. Should Runbeck refuse to turn over the video or should you refuse to request the video from Runbeck, my client will have no choice but to file a special action against Maricopa County and Runbeck collectively.”

Read the full Public Records Request and attached exhibits below: