By Matthew Holloway |
On Tuesday, the Cochise County Supervisors voted to ask U.S. Attorney General Pam Bondi to investigate the certifications and laboratory accreditation of the county’s voting systems ahead of the 2022 election.
In a letter from Cochise County Board Chairman Frank Antenori, the board requested that “information from the United States Department of Justice concerning the accreditation of the voting system test laboratories (VSTLs), the certification of ES&S electronic voting systems, and the use of engineering change orders during the 2022 Arizona general election.” He added that “these matters present material statutory and constitutional questions that relate directly to the integrity of the electoral process in Arizona.”
Antenori also observed that the Board has “a constitutional and statutory obligation to ensure compliance with election law,” citing Article 7, Section 7 of the Arizona Constitution that governs the tabulation of “legal votes.”
He explained that the United States Election Assistance Commission (EAC) “has invoked 52 USC § 20971(c)(2) to argue that accreditation remains valid indefinitely absent formal revocation. Respectfully, the plain text of the statute requires renewal on a biennial basis.”
The Chairman went on to point out that the accreditation had lapsed in March 2020 and stated, “The EAC’s interpretation appears inconsistent with both the statutory language and congressional intent.”
In particular, Antenori observed that A.R.S. 16-442 (B) requires the following: “Machines or devices used at any election for federal, state or county offices may only be certified for use in this state and may only be used in this state if they comply with the Help America Vote Act of 2002 and if those machines or devices have been tested and approved by a laboratory that is accredited pursuant to the Help America Vote Act of 2002.”
The accreditation question led two Republican supervisors to delay the county’s election certification in 2022 until they were ordered to do so by a judge. A state grand jury later indicted the two supervisors on charges brought by Arizona’s Democrat Attorney General Kris Mayes. Supervisors Tom Crosby and Peggy Judd, both Republicans, faced charges of conspiracy and interference with an elections officer. Judd pleaded guilty while Crosby awaits trial.
As reported by VoteBeat’s Jen Fifield, the letter to AG Bondi was proposed by Crosby after he was reelected last year. The executive session in which the letter was discussed was closed to the public; however, Fifield reported that Crosby attached a 30-page document to the meeting minutes, providing the board with additional details and even a piece of grand jury testimony from his case.
On Monday, Fifield reported that a judge rejected Crosby’s request to delay his case, and his trial date will still be set on Sept. 22.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
