By Staff Reporter |
Governor Katie Hobbs appointed a new member to the Arizona Citizens Clean Elections Commission: Christina Estes-Werther, formerly the deputy general counsel for former Governor Jan Brewer and state elections director for former Secretary of State Ken Bennett.
In a press release last Friday, the governor explained that she selected Estes-Werther for her extensive knowledge of Arizona election law and administration.
“With her years of practical experience in elections at the state, county, and local level, I am confident that she will bring valuable insight to the Commission as it continues its important work during the 2024 election year.”
Estes-Werther most recently served as one of 18 members of Hobbs’ Bipartisan Elections Task Force, established at the beginning of last year via executive order. Estes-Werther is a partner at the Pierce Coleman law firm; she often serves as counsel for local governments in election-related lawsuits.
That task force earned the ire of some Republican lawmakers, who claimed it was the governor’s way of circumventing transparency in modifying election law and procedures. The task force issued a 69-page report last November with proposals to improve elections administration ahead of the 2024 election.
Hobbs tapped into $2.3 million in American Rescue Plan Act (ARPA) funding to carry out some of the proposed changes issued by the task force. The reliance on federal funding ensured the governor had more flexibility in working around the legislature to seek out her desired reforms.
A year before being named to Hobbs’ task force, in 2022, Estes-Werther served as the privately retained counsel for Santa Cruz County in its lawsuit against an election integrity organization led by Tucsonan John Brakey, AUDIT USA, for submitting a public records request seeking the 2022 primary election’s cast vote records.
The county had sued AUDIT USA after denying the request, in an attempt to squelch further efforts by the organization to obtain the records.
In court proceedings, Estes-Werther had argued on behalf of the county that government officials had the right to sue over fears that the independent auditors’ continued public records attempts would eventually result in a lawsuit against the county.
Estes-Werther characterized AUDIT USA’s attempts at obtaining transparency as putting “a target on [the county’s] back.” A Pima County judge tossed the county’s lawsuit, declaring that Brakey and AUDIT USA had the right to challenge the denial of their public records request.
The judge, Casey McGinley, expressed concern that the county was attempting to set precedent for lawfare against private citizens seeking transparency from their government, per audio recordings obtained by Tucson Sentinel.
“What’s to stop a county from deciding that they’re going to sue a private entity, whether it’s a person or group of people, for fear that one day that person might seek a public records request that they don’t want to provide?” asked McGinley. “I think we can all imagine very nefarious scenarios that could result if a county or other government official could file a lawsuit seeking declaratory relief in response to a public records request.”
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